Latin American Law

Author: M. C. Mirow
Publisher: University of Texas Press
ISBN: 0292778589
Size: 57.39 MB
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Private law touches every aspect of people's daily lives—landholding, inheritance, private property, marriage and family relations, contracts, employment, and business dealings—and the court records and legal documents produced under private law are a rich source of information for anyone researching social, political, economic, or environmental history. But to utilize these records fully, researchers need a fundamental understanding of how private law and legal institutions functioned in the place and time period under study. This book offers the first comprehensive introduction in either English or Spanish to private law in Spanish Latin America from the colonial period to the present. M. C. Mirow organizes the book into three substantial sections that describe private law and legal institutions in the colonial period, the independence era and nineteenth century, and the twentieth century. Each section begins with an introduction to the nature and function of private law during the period and discusses such topics as legal education and lawyers, legal sources, courts, land, inheritance, commercial law, family law, and personal status. Each section also presents themes of special interest during its respective time period, including slavery, Indian status, codification, land reform, and development and globalization.

Ownership Paradigms In American Civil Law Jurisdictions

Author: Agustín Parise
Publisher: BRILL
ISBN: 9004338209
Size: 31.18 MB
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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. He addresses the three ownership paradigms that he claims have developed in the New World.

State And Nation Making In Latin America And Spain

Author: Miguel A. Centeno
Publisher: Cambridge University Press
ISBN: 1107029864
Size: 21.96 MB
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This book examines how Latin American countries and Spain tried to build modern and efficient state institutions for more than a century - without much success. The chapters tell how these countries went about constructing systems of authority that could manage their territories, support economic development, provide basic services, and promote a sense of national community. The book can serve as an introduction to nineteenth-century Latin America and Spain, as a historical guide to the process of state building, and as a tool for experts looking for the latest work by leading scholars in the field.

Law S Political Foundations

Author: John O. Haley
Publisher: Edward Elgar Publishing
ISBN: 1785368508
Size: 38.74 MB
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Law’s Political Foundations explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.

The Future Of Contract Law In Latin America

Author: Rodrigo Momberg
Publisher: Bloomsbury Publishing
ISBN: 1509914269
Size: 41.23 MB
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This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Women Of The Iberian Atlantic

Author: Sarah E. Owens
Publisher: LSU Press
ISBN: 0807147745
Size: 20.32 MB
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The ten essays in this interdisciplinary collection explore the lives, places, and stories of women in the Iberian Atlantic between 1500 and 1800. Distinguished contributors such as Ida Altman, Matt D. Childs, and Allyson M. Poska utilize the complexities of gender to understand issues of race, class, family, health, and religious practices in the Atlantic basin. Unlike previous scholarship, which has focused primarily on upper-class and noble women, this book examines the lives of those on the periphery, including free and enslaved Africans, colonized indigenous mothers, and poor Spanish women. Chapters range broadly across time periods and regions of the Atlantic world. The authors explore the lives of Caribbean women in the earliest era of Spanish colonization and gender norms in Spain and its far-flung colonies. They extend the boundaries of the traditional Atlantic by analyzing healing knowledge of indigenous women in Portuguese Goa and kinship bonds among women in Spanish East Texas. Together, these innovative essays rechart the Iberian Atlantic while revealing the widespread impact of women's activities on the emergence of the Iberian Atlantic world.

The Civil Law In Spain And Spanish America

Author: Clifford Stevens Walton
Publisher: The Lawbook Exchange, Ltd.
ISBN: 158477245X
Size: 75.63 MB
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Walton, Clifford Stevens. The Civil Law in Spain and Spanish America. Including Cuba, Puerto Rico and Philippine Islands, and the Spanish Civil Code in force, annotated and with references to the Civil Codes of Mexico, Central and South America, With A History of all the Spanish Codes, and Summary of Canonical Laws, of the Principal Fueros, Ordenamientos, Councils and Ordenanzas of Spain from the Earliest Times to the Twentieth Century, including the Spanish, Mexican, Cuban and Puerto Rican Autonomical Constitutions, and a History of the Laws of the Indies. Washington, D.C.: W.H. Lowdermilk & Co., 1900. xix, 672 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002025945. ISBN 1-58477-245-X. Cloth. $110. * Spain has an extraordinarily rich legal history, one that reflects Roman, Gothic, Arabic, Papal, Holy Roman and French influences. It is equally notable for its innovative and progressive nature. It was the first nation to produce a published commercial code. Aragon possessed and exercised a writ of habeas corpus during the medieval era. Medieval Spanish law witnessed the invention of democratic principles that would form the basis of the Republic of Iceland, the Magna Charta and the American Declaration of Independence. And as the first great colonial power, Spain exported its legal ideas to the New World. This had a profound influence on the history of most Latin American nations and the Philippines. The study of Spanish and Spanish-influenced law has much to offer the student of legal history. Walton facilitates this study through lucid historical introductions, notes and translations of rare source materials.

Latin American Lawyers

Author: Rogelio Pérez-Perdomo
Publisher: Stanford University Press
ISBN: 9780804767699
Size: 67.28 MB
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This book is the first comprehensive history of the intellectual training and social placement of lawyers in Latin America. Pérez-Perdomo examines the Roman legal roots of the Latin American tradition and traces the development of legal education and practice in Latin America from the 16th century to the present. The main themes in the book are the relationship between lawyers and power, the place of lawyers in social stratification, the role of law and lawyers in building nations and maintaining elite power, the role of law schools, and the main intellectual trends in legal thought.