Comparative Private Law Overview

Professor and author.

Through textbooks after attending professor's lectures.

Listening to a second professor with differing views.

<p>When organs of state authority wish to control the creation of law themselves.</p> Signup and view all the answers

<p>When law is conceived as a state system of rules, coinciding with territorial boundaries.</p> Signup and view all the answers

<p>Sudanese judges applying common law when a code was in force.</p> Signup and view all the answers

<p>Roman law of continental Europe before codification or Islamic law.</p> Signup and view all the answers

<p>Judges were trained at the university studying Roman or royal law.</p> Signup and view all the answers

<p>By a scholarly authority, such as theorists admired by the ruling power.</p> Signup and view all the answers

<p>Prevented future judges from studying Roman law.</p> Signup and view all the answers

<p>University education in Roman law was the only route to practice.</p> Signup and view all the answers

<p>An exchange of promises, mutual expressions of consent, or the declarations of will of two or more parties.</p> Signup and view all the answers

<p>The consent of all parties involved.</p> Signup and view all the answers

<p>The nationalization of law.</p> Signup and view all the answers

<p>It is far from obvious that the other party needs to consent.</p> Signup and view all the answers

<p>One's will has complete control over their legal sphere, or one cannot inflict unjust damage on another.</p> Signup and view all the answers

<p>University teaching.</p> Signup and view all the answers

<p>To interpret and restate prior common law.</p> Signup and view all the answers

<p>They believed the new code was incomprehensible without understanding the German concepts thatunderpinned it.</p> Signup and view all the answers

<p>Draft the rule to be universally understood or educate the judge to understand the rule.</p> Signup and view all the answers

<p>It means elevating the status of the rule, making it feel like the product of a great social breakthrough.</p> Signup and view all the answers

<p>By elevating the authors of the law to a level higher than the rules themselves.</p> Signup and view all the answers

<p>The text implies prior legal thought greatly shapes the application and understanding of a new code.</p> Signup and view all the answers

<p>It must be 'sacralised'.</p> Signup and view all the answers

<p>That they are applying a general principle of negligence liability like in Continental Europe.</p> Signup and view all the answers

<p>When there has been physical injury to person or property.</p> Signup and view all the answers

<p>In well-defined cases such as liability of a professional, an officer, or a subcontractor.</p> Signup and view all the answers

<p>Jurisdictions with a general rule also have exceptions that bring them closer to systems with specific torts.</p> Signup and view all the answers

<p>Numerous cases where relief was once denied due to lack of 'duty of care'.</p> Signup and view all the answers

<p>The German Civil Code.</p> Signup and view all the answers

<p>Manufacturers and employers, or occupiers and owners of land.</p> Signup and view all the answers

<p>Well defined cases of economic loss, e.g. a professional's negligence.</p> Signup and view all the answers

<p>Consent, cause, and delivery of property with the will to transfer it.</p> Signup and view all the answers

<p>Delivery (traditio) and the will to alienate the property.</p> Signup and view all the answers

<p>A valid contract (titulus) and delivery (modus).</p> Signup and view all the answers

<p>The consent of the contracting parties alone.</p> Signup and view all the answers

<p>Delivery of the property</p> Signup and view all the answers

<p>The pure meeting of minds.</p> Signup and view all the answers

<p>No.</p> Signup and view all the answers

<p>If the person delivering the property was not mistaken about the validity of the title.</p> Signup and view all the answers

<p>In Austria, <em>modus</em> alone can be sufficient under specific rules for a transfer, whereas in Germany, delivery will transfer property even with a mistaken <em>titulus</em>.</p> Signup and view all the answers

<p>They have moved towards seeing any lawful intention, rather than just the intention to fulfill a pre-existing obligation, as a ‘causa’ for delivery.</p> Signup and view all the answers

<p>It is considered to be in an intermediate position, as it uses both, but also has rules where only modus is sufficient.</p> Signup and view all the answers

<p>A person can recover a payment they made when the payment was not due because there was no debt to be paid.</p> Signup and view all the answers

<p>They follow the Roman rule that requires the person making the payment to have been in error to recover the payment.</p> Signup and view all the answers

<p>French law, unlike Roman Law, has no text that requires error to have occurred for payment recovery, despite following the custom.</p> Signup and view all the answers

<p>Articles 1235 and 1376 of the French Civil Code.</p> Signup and view all the answers