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II. Legitimacy

(10,730 words)

Author(s): Harry D. Krause
Volume IV: Persons and Family | Chapter 6 (1976): Creation of Relationships of Kinship Completed in July 1975 Harry D. Krause A. Definition, Presumption and Challenge i. Principal Approaches 23. General. – By universal definition, the legitimate child is the child who has a full legal relationship with both of his parents. What that relationship encompasses varies among legal systems, and, in its details, is the subject of ch. 7 in this volume. A variety of general considerations has already been discussed in this chapter ( supra s. 10-19). Now to the specifics. Typically, the legitimat…

List of Principal Works

(2,809 words)

Volume III: Private International Law | Chapter 32 (1980): Enterprise Liability (1) Works 1. comparative law: Beitzke, Les obligations délictuelles en droit international privé: Rec. des Cours 115 (1965 II) 67–145; Binder, Zur Auflockerung des Deliktsstatuts: RabelsZ 20 (1955) 401–499; Bourel, Les conflits de lois en matière d’obligations extra-contractuelles (Paris 1961); Cavers, Legislative Choice of Law – Some European Examples: 44 So.Cal.L.Rev. 340–361 (1971), cited European Examples; Delachaux, Die Anknüpfung der Obligationen aus Delikt und Quasidelikt im …

Index O (Volume XIII)

(177 words)

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | P | Q | R | S | T | U | V | W | Z obligation - see debenture offene Handelsgesellschaft - see partnership öffentliche Anstalt - see Anstalt, öffentliche öffentliche Stiftung - see foundation, public offre publique - see takeover bid offre publique d’achat - see cash offer offre publique d’échange - see exchange offer oligarchy clause - see affiliated group (control techniques based on voting rights) omzetbelasting - see turnover tax one-man company - see affiliated group; integration; limited liability company; marketable share company; …


(62 words)

Volume I: National Reports 1973 I Iceland (Th. Vilhjalmsson) I–1 India (P. K. Irani) I–7 Indonesia (S. Gautama) I–27 Iran (H. Afchar) I–45 Iraq (A. Al-Hakim) I–55 Ireland (P. O’Higgins) I–63 Israel (U. Yadin) I–73 Italy (M. Cappelletti and P. Rescigno) I–93 Ivory Coast (L. Linossier) I–117 this contribution has been financially sponsored by the stiftung volkswagenwerk in hannover (germany)

III. Limitation of Actions

(6,423 words)

Author(s): J. A. Jolowicz
Volume XI: Torts | Chapter 13 (1972): Procedural Questions Completed in December 1969 J. A. Jolowicz A. Subject Matter of Subchapter 59. In all the legal systems studied there are rules which recognise the necessity to prevent the presentation of stale claims before the courts and so provide for the limitation or prescription of actions after the expiry of a certain period of time, (see, however, infra s. 155). If an injured person does not begin his action within the period prescribed by the law, he at least runs the serious risk that his action will be dismissed as out of time (see infra s. 79–…

III. Transformation

(2,869 words)

Author(s): Alfred Conard
Volume XIII: Business and Private Organizations | Chapter 6 (1972): Fundamental Changes in Marketable Share Companies Completed in 1969 Alfred Conard 33. The concept of transformation. – To an anglophone, the word “transformation” recalls the tricks of witches and fairy godmothers, or perhaps a life-like wig which creates an illusion of new-found youth. In most of the civil law countries, the cognate terms ( transformation, trasformazione, transformación, Umwandlung) signify a standard operation of company law practice.1 A transformation is a change by a corporate enti…


(11,286 words)

Author(s): Nasim Hasan Shah
Volume I: National Reports 1996 Nasim Hasan Shah1 Pakistan came into existence on 14 Aug. 1947 in recognition of the desire of the Muslim population of British India to establish a separate homeland (Indian Independence Act, 1947, 10 & 11 Geo. 6, c. 30). The present Constitution, of 12 April 1973, entered into force on 14 Aug. 1973 and provides that Pakistan shall be a Federal Republic, that its name shall be “Islamic Republic of Pakistan” (art. 1 cl. 1) and that Islam shall be the state religion (art. …

II. Modern Schemes

(7,820 words)

Author(s): Guy Perrin †
Volume XV: Labour Law | Chapter 8 (1994): Occupational Risks and Social Security Completed July 1990 Guy Perrin † 5. A review of the evolution of employment injury schemes, which has often preceded and even given the lead to that of other connected branches of social security, makes it possible to appreciate the progress achieved in the course of a century in this field. At least the most significant features of this development and its converging trends have lent uniformity to the concept and methods of employment injury protection at the international level.1 This uniformity stems, t…

III. Voluntary Agency (Negotiorum Gestio)

(2,079 words)

Author(s): Konrad Zweigert | Dierk Müller-Gindullis
Volume III: Private International Law | Chapter 30 (1974): Quasi-Contracts Completed in March 1971 Konrad Zweigert, Dierk Müller-Gindullis A. Lex loci actus 40. According to the dominant opinion, voluntary agency ( negotiorum gestio) is governed exclusively, or at least in principle, by the law of the place where the transaction was carried out. The few legislative provisions which deal expressly with this topic state this view,1 which is also adopted by the general choice of law rules on quasi-contracts2 and by the literature in those countries which know this legal institution.3 In…

II. Theories of Contract Formation

(16,120 words)

Author(s): Arthur T. von Mehren
Volume VII: Contracts in General | Chapter 9 (1992): The Formation of Contracts Completed in June 1991 Arthur T. von Mehren 4. The legal enforceability of contracts can be explained and justified as well “in terms of the individual as a moral and spiritual entity” as “in terms of social and economic life.”1 Ultimately these two perspectives are doubtless “but two aspects of a single reality.”2 In discussions of contract formation, the first perspective leads to an emphasis on party intention and choice while the second directs attention as well to socio-econom…

I. Introduction

(3,121 words)

Author(s): J. Georges Sauveplanne
Volume III: Private International Law | Chapter 6 (1990): Renvoi Completed in May 1988 J. Georges Sauveplanne A. The Nature and Origins of Renvoi 1. The nature of private international law. – The bulk of rules on modern conflict of laws consists of rules enacted by national legislatures or laid down in decisions given by national courts.1 Apart from a small number contained in international treaties and conventions, these rules are developed on the level of national law. This fact constitutes a source of divergencies, because opinions differ as to th…

VI. Reservation of Title and Other Proprietary Rights

(6,324 words)

Author(s): Gian C. Venturini
Volume III: Private International Law | Chapter 21 (1977): Property Completed in December 1974 Gian C. Venturini 35. In generalCharacterisation ( supra s. 5). – Limited proprietary rights differ much more in character from one country to another than rights in the nature of ownership. They are normally restricted in number in whatever legal system is concerned ( infra s. 37). Such limited rights raise a delicate problem of characterisation in the individual case, especially when it comes to determining whether they are of a proprietary nature. Generally …


(943 words)

Arabic figures refer to chapters and sections, unless otherwise indicated List of Contributors p. V Members of the advisory Group p. VI List of Abbreviations p. XI sections Chapter 1 M. Cappelletti and B. G. Garth Introduction – Policies, Trends and Ideas in Civil Procedure I. Scope of the Chapter 1–2 II. Historical Perspective – The Balance Between Written and Oral Procedures 3–9 III. Substantive Law and Procedural Law – The Impact of Political Ideology 10–17 IV. Increased Judicial Control over the Unfolding of Proceedings 18–28 V. The Decline of Formalism in the Rules of Evidence 29–42 VI…

List of General Conditions (cited in subch. V)

(442 words)

Volume VII: Contracts in General | Chapter 16 (1976): Remedies for Breach of Contract (Courses of Action Open to a Party Aggrieved) COUNCIL OF MUTUAL ECONOMIC ASSISTANCE CMEA GCD – General Conditions of Delivery of 1968. Russian text: Tokareva (ed.), Mnogostoronnee ekonomicheskoe sotrudnichestvo sot͡sialisticheskikh gosudarstv (ed. 2 Moscow 1972) 530-562; English transl.: United Nations, Register of Texts of Conventions and Other Instruments Concerning International Law I (New York 1971) 72-102; English, French and German transl.: Zweigert and Kropholler (ed.), Sources o…


(3,705 words)

Author(s): André Tunc
Volume XI: Torts | Chapter 1 (1974): Introduction 1. The paradoxical situation of the law of tort in industrialized countries. – In most industrialized countries, the law of tort is at the moment in a paradoxical situation. On the one hand, there has been a great increase in the number of civil liability suits, in their variety, in the amounts they involve, and an “abrupt change” of the rules which govern them.1 This is attributable in part to the enormous increase in the number of accidental personal injuries, as a result of the “industrial revolution”; the safety…

II. Existence and Capacity of Natural Persons

(19,142 words)

Author(s): Alfred E. von Overbeck
Volume III: Private International Law | Chapter 15 (1972): Persons Completed 31 Oct. 1968, with additions up to 31 Dec. 1970. Alfred E. von Overbeck A. In General 8. Following art. 3 par. 3 of the french Civil Code which states: “The laws concerning the status and the capacity of persons apply to all French nationals, even when they reside abroad” numerous statutory provisions refer to capacity. The literature in many countries and a small number of statutory provisions distinguish between the capacity to enjoy rights ( jouissance des droits civils, capacità giuridica, Rechtsfähigkeit, …

Introductory Note

(865 words)

A. The index to vol. XI of the Encyclopedia presented here is in many respects unique, reflecting as it must, the peculiar features of the work indexed. The Encyclopedia covers a multitude of legal systems, some fairly similar, some bearing little similarity to the others. The difficulties caused by this multiplicity are exacerbated by the attendant diversity of legal terminology. These diversities of subject-matter and language affect the index directly. While individual legal systems usually have developed a fixed and accepted framework of legal terminology, a “…

List of Principal Works

(280 words)

Volume IV: Persons and Family | Chapter 11 (1983): The Family in Religious and Customary Laws 1. general works: Derrett, Introduction to Modern Hindu Law (Bombay 1963), cited Introduction; idem, Religion, Law and the State in India (London 1968), cited Religion; idem, Essays in Classical and Modern Hindu Law III, IV (Leyden 1977, 1978), cited Essays; idem, Introduction to Legal Systems (London 1968), cited Legal Systems; idem, Southerner and Smith, Beiträge zu indischem Rechtsdenken (Studien zu nichteuropäischen Rechtstheorien no. 1) (Wiesbaden 1979), cited Beiträge; idem, Das …

II. The Law Governing Labour Relations (Proper Law)

(11,971 words)

Author(s): Franz Gamillscheg
Volume III: Private International Law | Chapter 28 (1974): Labour Contracts Completed in December 1972 Franz Gamillscheg A. The Determination of the Proper Law 7. The selection of the law governing labour relations is determined in most countries by the rules applicable to international contracts. Nevertheless, the special characteristics of substantive labour law and in particular the fact that in this field rules of a private and of a public law character (or in anglo-american law, the rules of the Common Law and of statute law) are closely interwoven, leads to the …

IV. Carriage of Goods

(60,808 words)

Author(s): Joseph Haenni
Volume XII: Law of Transport | Chapter 2 (1973): Carriage by Rail Completed on 1 January 1971 Joseph Haenni A. The Transport Document 114. Introduction. – The carriage of goods is carried out under the terms of a document whose designation differs from country to country but might be described generally as the transport document. This document usually consists of one original and several copies. In most cases, the transport document can be regarded as material evidence of the contract of carriage. The carriage of goods starts and finishes with this document; …
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