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Codification of Private Law in Scotland: Observations by a Civil Lawyer
Civil Lawyer Private Law
2015/8/4
This article discusses, by reference to Scotland, the problems of codifying a mixed system of private law, presenting an outline of some parts in a draft civil code. A civil code must resolve divergen...
The codification of private law from the late eighteenth century onwards is regarded, very widely, as a turning point in the development of private law in Europe.1 Obviously, some of the more naive ex...
Fundamental rights and private law:A relationship of subordination or complementarity?
Fundamental rights private law horizontal effect constitutionalization of private law subordination complementarity
2009/11/27
Originally, private law was considered to be immune from the effect of fundamental rights, the function of which was limited to being individual defences against the vigilant eye of the state. This tr...
PARKS, PROPERTY RIGHTS, AND THE POSSIBILITIES OF THE PRIVATE LAW
private property rights PRIVATE LAW national parks governmental ownership
2008/12/24
It is commonly assumed that private property rights are incompatible
with the preservation of such environmental and recreational
amenities as our national parks and that governmental ownership
is ...