Comparative Law Intro.

1. Comparing Dif. Legal Sys.
   1. Purpose of Law
      1. Look @ soc. backgrounds & legal sys. together
   2. Dif's
      1. Substantively
      2. In approach
   3. Levels of Comparisons
      1. Micro comparison of indiv. rules
         1. Seal & notaries
            1. In Amer., not really mean anything
            2. In civil, all parties went 2 notary & he made sure parties knew before giving seal as prom. 2 bind K's
         2. Transfer of deceased estate
            1. Amer. (NY), transfer 2 estate & exec'or who can't B for. pers'al rep.
            2. Civil, not transfer 2 estate & exec'or but dir'ly go 2 heir
      2. Macro comparison of legal sys.'s
      3. Medium comparison of in btwn / area of law
      4. Prob. oriented comparison
2. Use of Comparative Law
   1. US Approach 2 For. Law
      1. For. law is quest. of law now but was quest. of fact before
      2. When rel. 2 for. law is thin, judges turn it 2 conflict of law

Devt of Civil Law

1. Roman Law
   1. Corpus Juris Civilis in 4 Parts: Bk of Auth.
      1. Institutiones
         1. Four textbks but given force of law
      2. Digesta / Pandecta by Gaius
         1. First piece of leg. in Rome
         2. Fifty bks compiling excerpts of past
         3. Prof's wrote digests
         4. Similar 2 precedents in legal rules
      3. Codex
         1. Compilation of emperor's new decrees in sys. order by Tribonianus
      4. Novellae
         1. All collection of decrees
   2. Roman Civil Law
      1. Like C/L b/c
         1. Commentary in bits & pieces
         2. Not codified
      2. Sources
         1. Stt's
         2. Decrees
         3. Emperor's Const.
         4. Edicts
         5. Jurist's & legal experts' opinions
      3. Org.
         1. Person
         2. Thing
         3. Axn
   3. History of Empire & Influence on Euro.
      1. Justinian Emperor put together Corpus Juris Civilis
      2. After obscurity, revived when Italy's trade grew
         1. Catholic church had kept Roman adm. law
      3. Bologna became city where stud's went 2 learn about law
      4. Univ's opened all over Euro.
         1. Taught Roman law if there's no local law b/c based on rsn
   4. Sig. of Corpus Juris
      1. Bk of auth. 2 bk. of history
      2. Roman law method, concept kept in Euro. by refining
2. Euro. & Legal Scholars
   1. Glossators
      1. Law teachers
      2. Annotations 2 Corpus Juris in 11-13th cent. in margin / btwn lines
   2. Commentators
      1. Historians looking 4 themes / gen. princ. of Roman law
      2. Freer cmt's & interp. how 2 read / arr. in sys. way
      3. Influenced the atty's working for prince of their countries
   3. Humanists
      1. Roman law as history
      2. Followed trad'al Roman org. of person, thing, axn but in more refined sys.
3. National Codes
   1. Prussia
      1. Fred. the Great had codes where no free trade / commerce
   2. France
      1. Before had French Parlement, cts working closely w/King
      2. Code Civile / Napoleonic Code of 1804
         1. Mixed Roman (S. France) & trad'al French customary law (N.)
         2. Freedom w/codification
         3. Abstract lang. but followed person, thing, axn
         4. Five codes
            1. Civil
            2. Penal
            3. Comm'l
            4. Civ. pro
            5. Crim pro
         5. Org. of civil code
            1. Arr'ed in person, things, axn bks
      3. Judges Restricted
         1. Only refer 2 leg.
         2. No Const'al rev.
         3. Now freer
   3. Germany (Germ.)
      1. Codification Unified Germ.
         1. Five Codes
            1. Civil
            2. Penal
            3. Crim. proc.
            4. Civil proc.
            5. Comm'l
         2. More precise than French
         3. Org. of civil code
            1. Gen. part in Bk 1 applies 2 all
            2. Each bk begins w/gen. stuff that applies only 2 that bk
            3. Rearr'ed from Gaius so oblgn in bk2, things in bk3, family law in bk4, & law of succession in bk5
         4. Gen. cl's incl'ed b/c knew couldn't ans. all quest's
            1. Ex w/dec'ing cases under good faith then later org'ing cases 2 put new leg. 4 standardized K
      2. Fed. & State codes
4. Substantive Law Compared
   1. New Codes
      1. New enactment of codes said all prev. codes cease
      2. Amer. UCC only says new ones R add'al 2 old ones
   2. K Law Compared w/Growing Busi. World
      1. Amer.
         1. Follow Roman law & is in bits & pieces
         2. Offer can B revoked any X until offer accepted but
            1. Binding if written, signed, & consid. /
            2. Rsbly expected 2 induce axn on offeree
            3. UCC � 2-205 says not revocable 4 goods 4 rsbl X
         3. Mail box rule that offeror can't w/draw offer when offeree sends acceptance the moment it's in mail, even if offeror never gets it
      2. French
         1. Gen. K's enforceable if not immoral / illegal by codes
         2. Offer can B revoked any X
         3. Can recov. damages if revoke before acceptance
      3. Italy
         1. Can revoke offer until accepted
         2. Irrevocable offer if offeror says will open until cert. X
         3. Once mail get 2 address, presumption of knowledge
         4. If offeree starts perf. & offeror revokes before K concl., must pay damages 4 cost
      4. Germ.
         1. Offer irrevocable 4 due X
         2. If w/draw, other party can ask 4 specif. perf.
         3. Better 4 busi. reliability
      5. Jap.
         1. Retalk about K if unfair 2 1 party
      6. Euro. Viennese Convention
         1. No mailbox theory but presumed 2 know when mail get 2 box
         2. Can revoke but must pay damages
   3. Good Faith Purchase of Stolen / Illegit. Movable Things
      1. Roman
         1. Nobody can sell what he doesn't have
         2. Orig. owner can get things back from bona fide (bf) buyer
      2. Amer.
         1. Ownership only transf. by owner except 4 prop. pass through hand like $
         2. Bf buyer can get title 2 goods if seller had voidable title by good faith
         3. Orig. owner can't sue bf buyer if vol'ly parted w/prop.
      3. French
         1. Poss'n = 2 title but orig'al owner can get it back w/in 3 yrs. if it was stolen / lost by reimbursing bf buyer
         2. Can't get it back if orig. owner vol'ly gave up like lending
         3. Protects priv. cit.
      4. Italy
         1. As long as good faith, acq. ownership even if stolen
         2. Orig. owner can only sue if bf buyer not act in good faith
         3. Protects busi.
      5. Germ.
         1. 2 K's
            1. K of oblgn
            2. K 2 deliv. / transf. title & poss'n
         2. Gen.'ly, if buy from 1 w/o title in good faith, then have title
         3. Exception if stolen / orig. owner didn't vol'ly part then no title
         4. Btwn French & Italian soln
   4. Priv. & Pub. Law
      1. Only in civil world
      2. Pub. law is more flexible
   5. Relative & Abs. Rts
      1. Only in C/L
      2. Abs. against whole world but relative if quest. of rel. btwn multiple parties

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Ms. Haeji Hong

10/26/1997