Edinburgh University Press
Mixed Jurisdictions Compared
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About this book
Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of ‘mixed jurisdictions’ – legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.This title will be of interest to students of comparative law at senior undergraduate and postgraduate level, academics and researchers and also those who are interested in the mixed jurisdictions for the lessons they offer in the context of harmonisation of private law in Europe.
Topics
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Frontmatter
i -
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Contents
v -
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Preface
vii -
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List of Contributors
xii -
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List of Abbreviations
xiii -
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Table of Cases
xviii -
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1 Praedial Servitudes
1 -
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2 Title Conditions in Restraint of Trade
30 -
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3 Servitudes: Extinction by Non-Use
67 -
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4 Inheritance and the Surviving Spouse
104 -
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5 Ownership of Trust Property in Scotland and Louisiana
132 -
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6 The Legal Regulation of Adult Domestic Relationships
146 -
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7 Impediments to Marriage in Scotland and Louisiana: An Historical-Comparative Investigation
173 -
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8 Contracts of Intellectual Gratification – A Louisiana-Scotland Creation
208 -
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9 The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law
244 -
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10 Hunting Promissory Estoppel
281 -
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11 Unjustified Enrichment, Subsidiarity and Contract
322 -
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12 Causation as an Element of Delict/Tort in Scots and Louisiana Law
355 -
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13 Personality Rights: A Study in Difference
387 -
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Index
411