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Are Mixed Legal Systems Necessarily Systems In Transition, or Can They Achieve Stability?

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eBook details

  • Title: Are Mixed Legal Systems Necessarily Systems In Transition, or Can They Achieve Stability?
  • Author : Miriam Nabinger
  • Release Date : January 26, 2008
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 624 KB

Description

This paper is aimed at presenting why, in the author's opinion, mixed legal systems are not likely to be in a transitory stage in either the Civil or Common law direction and will not end up as one of the two classical legal ways. Rather, they will extend their borrowing and transplanting effort and strive for the perfect rule among the available rules in existing Civil law just as all Common law systems do if they do not in a specific area come up with a striking and creative new solution. This awards them a great potential to serve as a role-model when harmonization and unification of law is on the agenda or when the two classical eurocentric legal families have reached stagnation and need inspiration. Seminar paper aus dem Jahr 2006 im Fachbereich Jura - Andere Rechtssysteme, Rechtsvergleichung, Note: 72%, Universität Stellenbosch (University of Stellenbosch, South Africa - Department for Private Law), Veranstaltung: Comparative Private Law, 27 Quellen im Literaturverzeichnis.


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