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EUR-Lex — Access to European Union law — choose …

European legal tradition; traditional Russian legal culture; Russian science of civil law; legal education; legal consciousness; sale and purchase contracts.

Social Welfare and EU Law (Essays in European Law) …

Pressed by Napoleon at the beginning of the 19th century in many parts of Europe the French law of constitution of the courts and of procedure was adopted. Contrary to the states founded by Napoleon these legal regulations didn’t disappear after his defeat, but instead strongly influenced the legal development in many European countries. The article at hand examines the insofar atypical development of French law in Poland.

European Union EU Law Coursework & Essays

Anthony Arnull, editor Professor of European Law and Head of the Birmingham Law School, University of Birmingham

The process of codification of Hungarian civil law is finally finished - the new Civil code was enacted on 26th, February 2013 and will come into force on 15th, March 2014. Already during the preparatory works on the draft of the Civil Code, the Hungarian authors had different standpoints whether labour contract should be incorporated into the part of the Code pertaining to the specific types of contracts or not. Eventually, it was not incorporated into the Code, with the reasoning that the Labour Code, adopted before the enactment of the new Civil Code, should govern both the general and specific issues relating to labour contract, just as the collective agreements, in order to warrant the „unity“ of labour relation, which comes into existence by formation of a labour contract. The critics of this so-called unitary approach claim, whose standpoints supports the author of this paper as well, that labour contract, at least in its basics, has civil law nature, hence it does not belong to the scope of the public law dimension of labour law. Labour contract should be governed in general in the new Hungarian Civil Code, since such standpoint is adopted in the majority of classical European civil codes, such as the German BGB, the French Code civil and Austrian ABGB.

The most important aspect of the article is to indicate to what extant uniform legislation could be a factor of territorial and social integration. This issue has been examined through the prism of the process of creation of the Polish Criminal Code of 1932. The paper indicates the attitude of the Polish elites to the problem of unification and codification of legal system at the threshold of the independence of the Second Polish Republic. The article posed a question if the way in which Polish Criminal Code was being prepared can serve as a profitable experience for those who are responsible for the creation of law nowadays, especially on the European level.

EU LAW | Legal Essays and Reflections

This essay considers the status of European Union Law in relation to national laws. It explains how where conflict occurs between it...

This study deals with the dogmatic issues related to the origin and basic economic purpose of the ancient Roman hereditary building lease. It introduces the development of superficies, the process of having a contractual basis then gradually becoming a legal institution belonging to the right in rem during the history of Roman law. The analysis breaks with the thesis drawing a parallel between superficies and hereditary lease (emphyteusis), which has been prevailing in literature for a long time. In order to determine the exact content of hereditary building lease first of all it tries to give a clear picture of the causas establishing superficies by the thorough analysis of the relevant primary legal sources. Regarding the point of this legal institution, the study determines it as the superficiarius’s constant and – at least from the late classical period – transferable and inheritable right of building use, which was not bound to a certain person.

The states on Balkan peninsula received Roman law through the mediation of the Byzantine Empire. The reception of the Byzantine law-books was made easier in the Balkan states by the fact that substantive law was not separated from the law of procedure. Private law was dealt with in conjunction with financial, criminal, and canon law. During the first Bulgarian Empire the principal source of knowledge of Roman law was the albeit the influence of Byzantine law still prevailed. In 1867 a code entitled was introduced in the territory of present-day Bulgaria. Its goal was to harmonize Islamic law with European law, especially with the French Code civil. After gaining independence a code of the law of obligations was promulgated in 1892 and another one pertaining to the law of things in 1904. Their primary model was the Italian and to a lesser degree the Spanish . The traditions of Roman law they relied on are still there in the more recent and similar codes of 1950 and 1951. The influence of the German Pandectist School can also be seen in the legal science in Bulgaria.

Piet Eeckhout, editor Professor of European Law and Director, Centre of European Law, King's College London
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The article deals with selected points of legal traditions in the world. The main question is why the creation of one unified body of contract and tort law for several different states (e.g. European Union, ASEAN) still poses a conceptual problem (I). Reference to a unified Roman Law as a major European source remains unthinkable. The differences between common law and civil law influence not only the European states. Nevertheless, many say that the common law world and the civil law world are converging. For example, neither the United States nor the United Kingdom can be called purely-bred common law countries any more (II). On the contrary, Turkey as a country with a predominantly Islamic population and a founding member of the Organization of The Islamic Conference (OIC also cannot be called a pure Islamic state. In fact Turkey’s constitutional set-up has adapted to some extent to contemporary Western legal thought and concepts (III).

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Has the concept of the nation state reached its apotheosis after the success of liberalism on the political spectrum? This question needs to be answered by evaluating the Constitution as the rule making authority that is embodied in the sovereign state. The nation emerged from the various strands of nationalism and there was a development into a Westphalian state that exercised territorial integrity and full sovereignty. It went through various expressions of its evolution including Hegelian’s definition of the abstract framework of the state based on the relations of power. However, there is a distinction between the nation- state and the nation and the former is a more durable concept. Philip Roeder argues that it follow a symmetry which is based on a segmented growth pattern and is premised on the state ‘s progressive development of institutions. In Europe the nation state are ancient constructs that emerged with the development of the national consciousness that enabled the nation state to be recognsied as a member state of the United Nations. The framing of treaties of setting out principles of international law has allowed some states to practice universal jurisdiction. It has been restricted because of the subjective nature of the legal political framework of the state. The approach that Kelsen takes is to confer monism and dualism as part of the theory that the state and the international order are both regulated by the basic norm. This article traces the framework or ‘glue’ that holds the nation state together. It arrives at the conclusion that the ideological state has come to an end and that liberalism has triumphed in the global consensus of modern nation states.

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