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The Connections between German Pandectist School and Italian Legal . . .
promulgation of the national Civil Code, which could result in «the sad burial of Roman law as the current branch of knowledge and teaching» 2 Especially Paolo Grossi identifies «an indissoluble link between Italian Risorgimento and the re-vival of Roman law» 3 The full weight given to this discipline in study plans of the
HARVARD LAW REVIEW - Yale University
2 For the influence of the will theory on German law see Windscheid, Wille und Wilenserklirung, 63 ARcuiv FtR DI CIVILISTISCHE PRAXIs 72 (1880); 1 STAUD-INGER, IKOmmENTAR zum BjRGERLICHEN GESETZBUCH r § xxg In the decades following the enactment of the civil code, case law with the aid of the legal literature began to treat the isolated
Civil Law System - SpringerLink
The term “civil law” is an English term used to translate the jus civile or the proper Roman law as it evolved from classical times to the end of the empire when it became codified by Justinian, from 529 to 534 AD, in his codes, constituting an ordered collection of a mass of writing known as the Corpus Juris Civilis or The Body of Civil Law The work was planned to be divided into three
i8o HARVARD LAW REVIEW - JSTOR
modified more at common law than at civil law, and a code has introduced very many analogies to the chancery and civil law methods of presenting the ultimate facts in controversy It ap- rights and relations is that well taught by Windscheid, and it is hardly capable of improvement 6 Law, according to this great teacher, is concerned with
(PDF) The Retroactive Effect of Set-Off (Compensatio) A Journey Through . . .
Result of an extensive analysis of comparative Law, the new Dutch Civil Code (NBW) has adopted the idea that the declaration of set-off (compensatio) produces an effect from the moment when for the first time the two reciprocal claims were capable of (1 st ed , 1854) and of Windscheid (Die Pandekten, I st ed , 1862) which give the dogmatic
Bernhard Windscheid – Wikipédia, a enciclopédia livre
Bernhard Windscheid (Düsseldorf, 26 de julho de 1817 – Leipzig, 26 de outubro de 1892) foi um jurista alemão e membro da escola pandectista de direito Tornou-se conhecido por seus estudos sobre o conceito legal de ação, que estimulou um debate com Theodor Muther ao qual se imputa o início dos estudos do direito processual tal qual o conhecemos hoje
California Legislative Information
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Savigny, Friedrich Carl von - Springer
the School, Bernhard Windscheid (1817-1892), shared this belief and described the epochal change that had been introduced by Savigny to the ﬁeld of jurisprudence as Germany) In it, he expressed his conviction “that our civil law” now required “a code of law that is binding for all of Germany” Thibaut’s call had not long been in
Bernhard Windscheid - The Art and Popular Culture Encyclopedia
Windscheid's thesis established the modern German law concept of Anspruch (roughly, a legally enforceable claim), distinguishing it from the Roman law concept of actio His principal work was his Lehrbuch des Pandektenrechts, and this was the main source of inspiration for the German Civil Code BGB Between 1873 and 1883, Windscheid took part
Russian Contract Law for Foreigners - ResearchGate
Civil Law: Monograph]] 110 (T omsk State University of Control S ystems and Radioelectronics 2012) the Russian Civil Code stems from the German Pandektensystem with the general