Introduction Choosing a starting point and an end for a historiography of the civil procedural laws of twentieth century Europe from the perspective of case management is as simple as choosing these moments in the Europe of the nineteenth century. In the nineteenth century the historiography should commence with the French Code de procédure civile, that was adopted in 1806. It was this code, wi...

the good faith and fair dealing jurisprudence in contracts has due influences not only in civil law but also in common law, particularly in united states: in uniform commercial code (ucc), restatement 2nd on contracts and it’s judicial precedent. meanwhile the definitions and scope of good faith, the fields of adoption and enforcement of it in common law defers from case law. development of thi...

the complexity and diversity of international assignment or license of iprs and the territoriality principle, makes determining their applicable law difficult. the rules governing iprs, are distinct from applicable law to contractual issues, hence the importance of characterization in these contracts. party autonomy and the discretion of courts are faced with restrictions including competition ...

The New Romanian Civil code (Law no. 287 of 2009), that has entered into force on October 1, 2011, is an innovative, reforming code, both in respect of civil legal relations, as well as of legal relations of family law and of commercial law, aspects that are incorporated in its structure. With regard to the legal relations of family law, that naturally belong to the Civil code, the current regu...

In France, Justice Jackson’s question about where to look for the meaning of a statute would be phrased in broader terms and would not be limited to the question of whether to look only at the words of a statute or also at the legislative intent. French law starts from the premise that statutes and codes are the foundations of the legal system in the same way that cases are the foundation of th...