By Mathias Reimann, Reinhard Zimmermann
The Oxford instruction manual of Comparative Law offers a wide-ranging authoritative account and important overview of comparative legislations at first of the twenty-first century, a key self-discipline for the advance of legislations around the world. The instruction manual comprises forty-eight chapters written by way of specialists from worldwide. the purpose of every bankruptcy is to supply an obtainable, unique, and significant account of the present nation of comparative legislations in its respective region so one can support to form the time table within the future years. each one bankruptcy additionally incorporates a brief bibliography referencing the definitive works within the box.
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Extra resources for The Oxford Handbook of Comparative Law
Sample text
But Coquille's search for principle goes further. Sometimes he will ask what the purpose of the custom is and will refuse to apply it in situations where he does not believe that its purpose applies. Again, the same technique was used in the interpretation of the statutes of the Italian city-states. Occasionally we will find an argument that the custom is just flat-out wrong, either that it contradicts other higher principles or that it—this argument is usually only hinted at—does not correspond with social reality.
He was charged with the responsibility of paying the legacies and frequently also charged with fideicommissa, roughly the equivalent of the modern Anglo-American trust. ‘The property shall go to the eldest son’, by contrast, means just that. Nothing is implied about obligations, administration, or trusts. In fact, it is the second alternative that corresponds to the English legal system of Bartolus' day. 43 In short, if we focus not on the wording of the ‘statute’, but on the underlying substantive differences between the English and the Italian systems of succession in Bartolus' day, his distinction may be based on an important comparative insight.
He first states the rules of that custom relevant to the title, but he immediately broadens out comparatively. Let us examine some of Coquille's comparative arguments, for they show considerable sophistication. 50 The same rule applies in Burgundy. In Poitou, Auxerre, Berry, and Rheims the rule is to the contrary. 51 Once the customs had been redacted, it is a relatively mechanical task to lay them side by side to see how the rules are similar and how they differ. But once the conflict has been discovered what are we to do about it?