The Law and Economics of the Civil Law of Mandate

Présentation à la Annual Law & Economics Conference 2007, Université de Bologne.

A new collection of laws, charters and local ordinances of the governments of Great Britain, France and Spain : relating to the concessions of land in their respective colonies, together with the laws of Mexico and Texas on the same subject, to which is prefixed Judge Johnson's translation of Azo and Manuel's Institutes of the civil law of Spain /

Includes index.

An analysis of the civil law, in which a comparison is occasionally made between the Roman laws and those of England,

Includes indexes.

A compendious view of the civil law, and of the law of the admiralty, being the substance of a course of lectures read in the University of Dublin.

On spine: Civil law.

Civil framework of the Internet : Law n°. 12.965, of April 23, 2014, which establishes the principles, guarantees, rights and duties for use of the Internet in Brazil

Traz atualizado o texto do Marco Civil Brasileiro da Internet, a Lei nº 12.965, de 23 de abril de 2014.

Article 6 ECHR, Civil Rights and the Enduring Role of the Common Law

This article examines the role that the common law has played in Human Rights Act 1998 case law on the protection of 'civil rights' within the meaning of Article 6 ECHR. Focusing on Article 6 ECHR's 'disclosure' and 'full jurisdiction' requirements, it highlights an increasingly nuanced relationship between the ECHR and common law in cases under and outside the Human Rights Act 1998. Although the general pattern within the case law has been one of domestic court fidelity to the ECHR - something that is wholly consistent with section 2 of the Human Rights Act 1998 - the article notes areas in which the courts have been reluctant to adapt common law principles, as well as instances of common law protections exceeding those available under Article 6 ECHR. The article suggests that such lines of reasoning reveal a robustness within the common law that brings a multi-dimensional quality to the Human Rights Act 1998. It also suggests that such robustness can be analysed with reference to 'common law constitutionalism' and a corresponding imagery of 'dialogue' between the domestic courts and European Court of Human Rights.

The law and economics of good faith in the civil law of contract

Good faith plays a central role in most legal systems, yet appears to be an intractable concept. This article proposes to analyse it economically as the absence of opportunism in circumstances which lend themselves to it. One of the objectives underlying the law of contract on an economic view is to curtail opportunism. In spelling out what this means, the paper proposes a three-step test: bad faith is present where a substantial informational or other asymmetry exists between the parties, which one of them turns into an undue advantage, considered against the gains both parties could normally expect to realise through the contract, and where loss to the disadvantaged party is so serious as to provoke recourse to expensive self-protection, which significantly raises transactions costs in the market. The three-step test is then used to analyse a set of recent decisions in international commercial transactions and three concepts derived from good faith: fraud, warranty for latent defects and lesion.

The Civil Law Of Contract

Cet article sera publié dans Ghent Encyclopedia of Law and Economics, Gerrit De Geest (General Editor), 2nd edition, Cheltenham, Edward Elgar, 2010.

Law and economics in the civil law world: the case of Brazilian Courts

Conventional wisdom holds that economic analysis of law is either embryonic or nonexistent outside of the United States generally and in civil law jurisdictions in particular. Existing explanations for the assumed lack of interest in the application of economic reasoning to legal problems range from the different structure of legal education and academia outside of the United States to the peculiar characteristics of civilian legal systems. This paper challenges this view by documenting and explaining the growing use of economic reasoning by Brazilian courts. We argue that, given the ever-greater role of courts in the formulation of public policies, the application of legal principles and rules increasingly calls for a theory of human behavior (such as that provided by economics) to help foresee the likely aggregate consequences of different interpretations of the law. Consistent with the traditional role of civilian legal scholarship in providing guidance for the application of law by courts, the further development of law and economics in Brazil is therefore likely to be mostly driven by judicial demand.

A letter to the lord chancellor on the necessity and practicality of forming a code of the laws of England : to which is annexed the new bankrupt law arranged in the method of Domat's civil law and in a style suited to the humblest capacity ; proposed to be adopted as the form of the statute law of the realm /

Mode of access: Internet.

The civil law in Spain and Spanish-America, including Cuba, Puerto Rico, and Philippine islands, and the Spanish Civil code in force, annotated and with references to the Civil codes of Mexico, Central and South America, with a history of all the Spanish codes, and summary of canonical laws, of the principal fueros, ordenamientos, councils and ordenanzas of Spain from the earliest times to the twentieth century, including the Spanish, Mexican, Cuban and Puerto Rican autonomical constitutions, and a history of the laws of the Indies--Recopilacion de leyes de los reynos de las Indias,

Mode of access: Internet.