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Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

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Edited by: Vernon V. Palmer, Elspeth Reid

ISBN13: 9780748638864
Published: October 2009
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Hardback
Price: £80.00



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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.

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Subjects:
Scots Law
Contents:
List of Contributors
List of Abbreviations
Table of Cases
1. Praedial Servitudes, Kenneth G C Reid
2. Title Conditions in Restraint of Trade, John A Lovett
3. Servitudes: Extinction by Non-Use, Roderick R M Paisley
4. Inheritance and the Surviving Spouse, Ronald J Scalise Jr
5. Ownership of Trust Property in Scotland and Louisiana, James Chalmers
6. The Legal Regulation of Adult Domestic Relationships, Kenneth McK Norrie
7. Impediments to Marriage in Scotland and Louisiana: An Historical - Comparative Investigation, J-R Trahan
8. Contracts of Intellectual Gratification - A Louisiana-Scotland Creation, Vernon Valentine Palmer
9. The Effect of Unexpected Circumstances on Contracts in Scots and Louisiana Law, Laura Macgregor
10. Hunting Promissory Estoppel, David V Snyder
11. Unjustified Enrichment, Subsidiarity and Contract, Hector L MacQueen
12. Causation as an Element of Delict/Tort in Scots and Louisiana Law, Martin A Hogg
13. Personality Rights: A Study in Difference, Elspeth Christie Reid.