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A Guide to the Law and Legal Literature of Chile, 1917-1946
Intended as a supplement to: Guide to the law and legal literature of Argentina, Brazil and Chile / Edwin M. Borchard. G.P.O., 1917.
Comparative Legal History
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Ownership Paradigms in American Civil Law Jurisdictions
In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.
Intestate Succession
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic ...
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The Scope and Structure of Civil Codes
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisd...
Children of Fate
In modern Latin America, profound social inequalities have persisted despite the promise of equality. Nara B. Milanich argues that social and legal practices surrounding family and kinship have helped produce and sustain these inequalities. Tracing families both elite and plebeian in late-nineteenth- and early-twentieth-century Chile, she focuses on a group largely invisible in Latin American historiography: children. The concept of family constituted a crucial dimension of an individual’s identity and status, but also denoted a privileged set of gendered and generational dependencies that not all people could claim. Children of Fate explores such themes as paternity, illegitimacy, kinship...
