ABSTRACT

The civil law systems of continental Europe, Latin America and other parts of the world, including Japan, share a common legal heritage derived from Roman law. However, it is an inheritance which has been modified and adapted over the centuries as a result of contact with Germanic legal concepts, the work of jurists in the mediaeval universities, the growth of the canon law of the western Church, the humanist scholarship of the Renaissance and the rationalism of the natural lawyers of the seventeenth and eighteenth centuries. This volume provides a critical appreciation of modern civilian systems by examining current rules and structures in the context of their 2,500 year development. It is not a narrative history of civil law, but an historical examination of the forces and influences which have shaped the form and the content of modern codes, as well as the legislative and judicial processes by which they are created are administered.

chapter |10 pages

Introduction

part I|142 pages

Sources and Influences

chapter 1|20 pages

The Roman Republic

chapter 2|18 pages

The Principate

chapter 3|17 pages

The Dominate

chapter 4|13 pages

The Dark Ages

chapter 5|28 pages

The Rebirth of Civil Law

chapter 6|21 pages

Humanism and the Age of Reason

chapter 7|20 pages

Codification

part II|187 pages

Private Law

chapter 9|37 pages

The Law of Persons

chapter 10|27 pages

Family Property and Succession

chapter 11|63 pages

The Law of Property

chapter 12|41 pages

The Law of Obligations

chapter 13|17 pages

The Law of Actions

part III|113 pages

Public Law

chapter 14|27 pages

The Concept and Function of the State

chapter 15|27 pages

The Law of Civil Procedure

chapter 16|26 pages

Criminal Justice

chapter 17|11 pages

Administrative Justice

chapter 18|16 pages

The Legal Profession

chapter |4 pages

Conclusion: The Future of Civil Law