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Limitation and Prescription: A Comparative Legal History

Edited by: Harry Dondorp, David Ibbetson, Eltjo J. H. Schrage

ISBN13: 9783428156269
Published: March 2019
Publisher: Duncker & Humblot GmbH
Country of Publication: Germany
Format: Softcover
Price: £110.00



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Within both the Civil Law and the Common Law we find means of acquiring and losing rights, or freeing ourselves from obligations by the passage of time. The ratio thereof is twofold: (1) In the words of Oliver Wendell Holmes, Jr. »Sometimes it is said that, if a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example« and (2) A claim should not hang above the head of the debtor as if it were a Damocles’ sword, or on the words of Best CJ »long dormant claims have more cruelty than justice in them.« T his ratio is and has been felt strongly in every jurisdiction, but legislation, case law and jurisprudence but the specifications thereof show substantial dissimilarities, notably between the Common Law and the Civil Law, even thus that in recent times several Law Commissions reported about future modifications and other jurisdictions enacted new legislation. This book gives the necessary historical background on a comparative basis.

Comparative Studies in Continental and Anglo-American Legal History, Volume 33

Subjects:
Legal History
Contents:
Introduction
Limitation and Prescription in Justinian’s Corpus Iuris Civilis
Lapse of Time in Medieval Laws: Procedure, Prescription, Presumptions, Custom
Prescription and Limitation in Medieval Canon Law
Limitation and Prescription in the Early English Common Law (to c.
1307)
Prescriptive Customs in English Law 1300–1800
Lapse of Time in Equity 1560–1660
Limitation and Prescription in Early Modern England
Early Modern Scholasticism on Acquisitive and Extinctive Prescription
Legal Learning and the Prescription of Rights in Scotland
Contemporary Use of Roman Rules: Prescription and Limitation in the Usus Modernus Pandectarum
Length of Time and Related Equitable Bars 1660–1760
Praescriptione Omnia Iura Tolluntur: Les Prescriptions dans l’Ancien Droit français
Lord Tenterden’s 1832 Prescription Act: Why Was it Passed, and Was it a Failure?
Le Droit Français des Prescriptions depuis 1804, ou l’impossible simplicité
Prescription and Limitation in Germany and Austria from the late 18th Century to the 2002 Reform of the German Law of Limitation and Obligations
Limitation in Switzerland: a Comparative Account
English Limitation Reforms and Controversies 1934–2016;

Series: Comparative Studies in Continental and Anglo-American Legal History

Central Courts in Early Modern Europe and the Americas ISBN 9783428180332
Published November 2020
Duncker & Humblot GmbH
£103.00
Within a Reasonable Time: The History of Due and Undue Delay in Civil Litigation
Edited by: C.H. van Rhee
ISBN 9783428134090
Published July 2010
Duncker & Humblot GmbH
£78.00
The Law of Presumptions: Essays in Comparative Legal History ISBN 9783428131242
Published October 2009
Duncker & Humblot GmbH
£72.00
Ratio decidendi: Guiding Principles of Judicial Decisions Volume 1 - Case Law ISBN 9783428122165
Published November 2006
Duncker & Humblot GmbH
£65.00
Negligence: The Comparative Legal History of the Law of Torts ISBN 9783428105168
Published September 2001
Duncker & Humblot GmbH
£87.00
Unjust Enrichment: The Comparative Legal History of the Law of Restitution 2nd ed ISBN 9783428079827
Published October 1999
Duncker & Humblot GmbH
£95.00
The Law of Proof in Early Modern Equity ISBN 9783428091980
Published February 1999
Duncker & Humblot GmbH
£89.00
Itinera Fiduciae: Trust and Treuhand in Historical Perspective ISBN 9783428096145
Published December 1998
Duncker & Humblot GmbH
£125.00
£61.00
£75.00