#civil law

[empirearchives]

Torture during the Napoleonic era

Torture was abolished in France in 1808 in the Code d'Instruction criminelle (Clémence Zacharie). Napoleon had earlier said on the issue of torture:

“The barbarous custom of having men beaten who are suspected of having important secrets to reveal must be abolished. It has always been recognized that this way of interrogating men, by putting them to torture, produces nothing worthwhile. The poor wretches say anything that comes into their mind and what they think the interrogator wishes to hear.”

Napoleon to Berthier, 11 November 1798, Corres., V, no. 3606, p. 128

#Napoleon #Berthier #Clémence Zacharie #napoleon bonaparte #Code d'Instruction criminelle #penal code #napoleonic code #napoleonic era #napoleonic #first french empire #french empire #19th century #1800s #laws #torture #napoleonic laws #history #Napoleon on the Art of War #Napoleon on the Art of War (2001) #Jay Luvaas #civil law #napoleonic reforms #Napoleon’s reforms #reforms

[vinodkaushikadvocate]

An advocate is a legal professional who represents clients in legal matters, providing them with legal advice, assistance, and representation in court proceedings. Advocates are trained and licensed to practice law and are typically skilled in analyzing legal issues, interpreting laws, drafting legal documents, and presenting arguments in court. They work to protect the rights and interests of their clients, whether individuals, businesses, or organizations, and may specialize in various areas of law such as criminal law, civil law, family law, or corporate law. Advocates play a crucial role in helping clients navigate the complexities of the legal system and achieve favorable outcomes in their legal disputes or transactions.

#providing them with legal advice #assistance #and representation in court proceedings. Advocates are trained and licensed to practice law and are typically skilled in analyzing legal is #interpreting laws #drafting legal documents #and presenting arguments in court. They work to protect the rights and interests of their clients #whether individuals #businesses #or organizations #and may specialize in various areas of law such as criminal law #civil law #family law #or corporate law. Advocates play a crucial role in helping clients navigate the complexities of the legal system and achieve favorable outc #LegalAdvocate #JusticeForAll #LawAndOrder #AdvocateLife #LegalExpertise

[miawashere]

types of law

there are 3 common types of law: criminal, civil, & public law. criminal law is to punish those who break the law and make them face the repercussions. examples of what would fall into the category would be assault, murder, drug abuse, etc.

the second most common type of law is civil law, where the foundation the legal system is built around principles that determines someone’s rights. defamation, contracts, and property damage are just some of the many situations where civil law comes into play.

lastly, public law is when public bodies have to obey the law, according to Public Law Project. this means when a law is passed, it’s meant for everyone to follow, like the Constitution.

#passion project #law #lawyer #high school #explore #discover #usa #lawyers #civil law #criminal law topics #criminal law #criminal justice #criminal case #arrest #prison #public

[purplegirlstudies]

10.11

Not as productive day...but it's okay, I had a lot of errands to run.

I have to finish so much theory until June and I just hope I can get through it all and also catch up with all my school subjects.

#law student #studyblr #lawblr #student #law school #study #studying #study hard #studyspo #study space #civil law

[an-angrygod]

Controversial topic, but I’m genuinely curious. I have watched a bit of the trial of Deep vs Heard (I don’t claim to be an expert or anything) but I’m curious why people don’t accept Amber is an abuser. Idk if Depp is an abuser or not, since there has been no actual evidence providing Heard’s claim. But I do know that the audio clearly has her sayings how Jonny was being a baby and how he was admirable for not engaging in a physical fight and how she hit him but not punch him.

I don’t want any fights or something, but like I wanna know why you think she’s not an abuser (irrespective of Depp’s whatever)

Ps. There was also Amber abusing her last gf so idk?

#I’m asking cause I’m really interested in psychology #also it’s so sad that people with bps are seen us a bad light because of this #this does not confer the uk trial #jonny depp #depp vs heard #honest opinions #amber heard #bpd problems #histrionic personality disorder #amber heard vs johnny depp #civil law #fox news #controversy #psychology

[lawwithe]

this is simply inspiring me to study even harder than I already am

#law studyblr #law school #civil law #study aesthetic

[giveamadeuschohisownmovie]

One way to make lawyers/law school students internally cringe (speaking as a student):

“I don’t understand what’s going on in this trial.”

“Hey, I read up on this case, let me explain. This is a civil case and one party is suing the other party. Basically, the prosecution is saying-”

#i've seen this convo so many times on different websites #lawyer #attorney #civil law #criminal law #plaintiff #defendant #prosecutors #legal system #lawyer memes #law school #miscellaneous #random thoughts

[detodous]

Tmblr, yaaaa fuera de pendejadas en serio, necesito hacer prácticas preprofesionales.

Manifiesto hacer prácticas en Derecho 💥

#derechos de autor #civil law #derechos humanos #derechos de la mujer #carreradederechoooooooo!!! urgeeee

[thatlesbianlawstudent]

So my first test was today, civil law, I studied a lot for it but my sickness made me feel like an idiot. It's worth 35% and I think I did better than expected so that's good. Never been a perfect grade student so I'm not expecting that but yes something above 5,0

(grades in Chile go between 1,0 and 7,0 but you approve with a 4,0)

My nose and upper lip are shit, full of sores it's so painful 😖 I hate that part when I get sick

#student #law student #study motivation #studyblr #lawblr #studyspo #civil law

[kdsheladiya-blog]

Thiruvengadam Pillai v Navaneethammal and Anr (2008) 4 SCC 530.

Indian Stamps Act,1899, S.54: Stamp Papers – Use of old stamp papers i.e., stamp paper purchased more than six months prior to proposed date of execution may certainly be a circumstance that can be used as a piece of evidence to cast doubt on authenticity of agreement but that cannot be clinching evidence to invalidate the agreement. [ S.47, Indian Evidence Act , 1872 , S.45, 73 ] In this case…

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#Civil Law #Stamp Act #Stamp Paper #Supreme Court #Supreme Court of India

[empirearchives]

The introduction of the Napoleonic Code in Bavaria

Probably the best codification work of the Rhine Confederation period was the draft of a "General Civil Code for the Kingdom of Bavaria" from 1808/09, which was essentially based on the suggestions of Paul Johann Anselm von Feuerbach. By starting codification work, the Bavarian King Maximilian IV wanted to give in to Napoleon's urging to introduce his code in Bavaria as well. In a report for the Ministry of Justice in 1808 "on the manner of introducing the Code Napoleon in a German country", Feuerbach highlighted the main ideas of the Code Napoleon: freedom of the person; legal equality of subjects; equality of laws for all citizens of the state ; Freedom of property as well as independence and independence of the state from the church in all civil matters. For him, the Napoleonic Code was a result of the French Revolution: "It was the purpose of French legislation, on the one hand, to completely end the Revolution, on the other, to perpetuate the beneficial results of the Revolution".

Anyone who wants to destroy the basic ideas of a code of law through modification kills “the truly spiritual life of it and turns the living body into a corpse. In the modification retort, on which the inconvenient spiritus rector was supposed to evaporate, nothing more than a caput mortuum would ultimately remain, which would hardly be worth keeping. Precisely those parts of French legislation which contradict our existing German principles are its brightest points." When the discussions of the draft in the Privy Council were almost completed, the conservative aristocratic opposition brought down the proposal in 1809/10. Particularly because of the changes to mortgage law proposed by Feuerbach, the Bavarian draft represents a German version of the Napoleonic Code that is quite equal to the French original. Feuerbach paid particular attention to the linguistic version: insofar as a regulation of the Napoleonic Code should be retained, he was concerned with translating the French original into a "pure German legal language, not tainted by any provincialisms, possibly with the same advantages." However, this should not obscure the fact that the Commission has often exceeded the limits of mere translation. The most important change was that almost all traces of the French judicial constitution were erased from the draft. Article 530 of the Code Napoléon was also modified so that the replacement of perpetual basic pensions should only be permitted with the consent of both parties. The inheritance law was based on the succession order of Austrian law. The property law, which was almost completely ignored by the Napoleonic Code, was regulated in a separate chapter.

Source: Werner Schubert, Der Code civil (Code Napoléon) in Deutschland und das Reichsgericht

[Bold italics by me]

#Paul Johann Anselm von Feuerbach #Feuerbach #napoleon #napoleonic era #king Maximilian I #king Maximilian iv #napoleon bonaparte #napoleonic #first french empire #french empire #19th century #Bavaria #Germany #history #napoleonic code #Napoleon’s reforms #confederation of the Rhine #Rhine confederation #1800s #french revolution #Revolution #napoleonic wars #Werner Schubert #civil code #code civil #law #reforms #laws #civil law #napoleonic reforms

[mnmlawpartners]

Uttarakhand’s Uniform Civil Code: A Legal Analysis

In a historic move, Uttarakhand has appeared as the first state in independent India to pass the Uniform Civil Code (UCC) Bill. This Uttarakhand legislation proposal aims to establish common regulations concerning marriage, divorce, property inheritance, and live-in relationships for all citizens, irrespective of their religious affiliations. The passing of this bill on February 7 by the Uttarakhand State Assembly marks a significant step towards legal reform in the state, aligning with the Constitutional directive of Article 44.

Introduction of the Uniform Civil Code (UCC) Bill in Uttarakhand

The Uttarakhand Assembly, which is the first legislature in independent India to enact a bill proposing common guidelines for marriage, divorce, property inheritance, and live-in relations for all residents, regardless of religion, did so on February 7. This was the Uniform Civil Code (UCC) Bill.

This results from the Constitution's Article 44, "Directive Principles of State Policy," which requires the State to make an effort to enact such a uniform law even though it is not binding. The President will now get the bill, and if the president signs it into law, it will become a law. Except for the tribal group, which makes up 2.9% of the state's population, it applies to every Uttarakhand resident. The community has well received a UCC.

Objective and Scope of the Uniform Civil Code

The objective and scope of Uttarakhand’s Uniform Civil Code are multifaceted:

Uniformity: The primary aim is to make certain uniformity in legal provisions governing personal matters regardless of an individual's religious background.

Secularism: By implementing a UCC, the state upholds the principle of secularism, divorcing legal matters from religious influence.

Gender Equality: Uttarakhand’s UCC aims to promote gender equality by abolishing discriminatory practices prevalent in personal laws.

Social Justice: Principles of social justice are endeavored to be upheld by the code, ensuring equitable treatment for all citizens under the law.

Legal Simplicity and Clarity: Implementing a single legal framework facilitates legislative processes also promotes clarity in matters related to marriage, divorce, and inheritance.

National Integration: A UCC fosters national integration by transcending religious divides and fostering a sense of common identity among citizens.

Progressive Reform: A progressive reform is represented by the UCC, aimed at aligning legal practices with modern societal values and norms.

Constitutional Basis of Uttarakhand’s Uniform Civil Code

The legislative proposal in Uttarakhand’s Uniform Civil Code finds its constitutional basis in:

Article 44 of the Directive Principles of State Policy, which guides the state to secure for its citizens a uniform civil code throughout the territory of India.

Article 37, which stipulates that directive principles are fundamental to governance but not enforceable by any court.

The commitment to uphold secularism and equality before the law, as enshrined in various articles of the Constitution.

Historical Context and Adoption of Article 44

Uttarakhand’s Uniform Civil Code historical context:

The debate for a uniform civil code traces back to the colonial era in India.

Pre-Independence efforts, such as the Lex Loci Report of 1840 and the Queen’s 1859 Proclamation, laid the groundwork for legal uniformity while maintaining separate personal laws for different religious communities.

Post-Independence, leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar advocated for a UCC, leading to its inclusion in the Directive Principles of State Policy.

Debate Surrounding the Uttarakhand’s Uniform Civil Code

The introduction of the Uttarakhand’s Uniform Civil Code has sparked a spirited debate, with various stakeholders expressing different views:

Opposition: Certain segments, including tribal communities, have voiced opposition to the UCC, citing concerns over preserving their cultural and religious independence.

Support: Proponents argue in favor of the UCC, citing benefits such as gender equality, legal clarity, and national integration.

Opposition to the Uttarakhand’s Uniform Civil Code

Despite its potential benefits, the Uttarakhand’s Uniform Civil Code faces significant opposition from certain quarters:

Tribal Communities: The tribal community, constituting a minority in Uttarakhand, has expressed reservations about the UCC, fearing infringement upon their Cultural diversity and religious laws rights.

Religious Conservatives: Conservative religious groups view the UCC as a threat to their traditional practices and oppose its implementation on religious grounds.

Support for the Uttarakhand’s Uniform Civil Code

Supporters of the Uttarakhand’s Uniform Civil Code highlight its numerous advantages and argue for its implementation:

Gender Equality Advocates: Advocates for gender equality view the UCC as a progressive step towards abolishing discriminatory practices prevalent in personal laws.

Legal Reformists: The need for a coherent legal framework governing personal matters is emphasized by legal reformists, with the UCC advocated as a means to achieve legal uniformity and simplicity.

Secularists: Secularists advocate for the separation of religion from matters of law, asserting that a UCC promotes secular principles and fosters Social cohesion.

Implications and Expected Adoption in Other States

The passage of Uttarakhand’s Uniform Civil Code carries significant implications for Legal system reform in other states:

Legal Precedent: A legal precedent is set by Uttarakhand’s Legislative enactment of the UCC, paving the way for similar legislative measures to be considered by other states.

National Discourse: A national discourse is sparked by the adoption of the UCC in Uttarakhand on the need for legal uniformity and secularism in matters of personal law.

Potential Adoption: Other states may follow Uttarakhand’s lead in enacting the UCC, driven by the principles of social justice, gender equality, and national integration.

To Know more about Uttarakhand’s Uniform Civil Code and Civil Law Related Queries, Contact M & M Law Partners.

​For individuals seeking further information on Uttarakhand’s Uniform Civil Code or facing legal inquiries related to civil law, M & M Law Partners offers comprehensive Legislative agenda assistance and guidance. At M&M Law Partners, we have the best civil lawyers in Delhi who are experts in civil law.

FAQ

What Do You Mean by the Uniform Civil Code?

A single set of laws governing personal matters such as marriage, divorce, inheritance, and adoption is referred to as the Uniform Civil Code, which applies to all citizens irrespective of their religious affiliations.

Why Ucc Cannot Be Implemented in India?

The implementation of the UCC is seen as conflicting with Fundamental Rights guaranteed by the Constitution, such as Article 25 (freedom of religion) and Article 29 (legal rights to cultural preservation), raising concerns about its feasibility in India.

Who Launched Uniform Civil Code?

The Uniform Civil Code was launched in Uttarakhand by the state legislature, marking a significant legislative reform aimed at promoting legal uniformity and secularism.

Will Ucc Remove Reservation?

The implementation of a Uniform Civil Code is unrelated to the reservation system in India, which is governed by separate laws and policies.

Is UCC Good or Bad?

The perception of the Uniform Civil Code varies among different stakeholders. Gender equality, legal clarity, and national integration are argued to be promoted by proponents, while concerns about Cultural sensitivity, autonomy and religious diversity freedoms are raised by opponents.

#uniform civil code #legal partner #civil law

[cyphorical]

Trump's Legal Cases

Recent: • Federal Civil Defamation Suit (II) Liable $83,300,000 • NY Civil Trump v. NYTimes/Reporters/Mary Trump Trump to pay $392,638.69 • Federal Civil Defamation Suit (I) Liable $5 million Upcoming: 1. NY AG Civil Fraud Suit Liable - February Sentencing? 2. Federal January 6th Case March 4th, 2024? 3. Manhattan DA Hush Money Case March 25th, 2024? 4. Federal Classified Documents Case May 20th, 2024? 5. Georgia RICO Case August 5th, 2024, Proposed 6. DC Civil Wrongful Death Suit - Pending? 7. NY Civil Copyright Infringement [Eddy] Grant v. Trump - Pending? 8. Federal Civil ACN Video Phone Suit Dismissed - Venue shifted to state courts

Ballot disqualification issue: • Colorado - Disqualified - SCOTUS appeal pending? • Maine - Disqualified - Challenges pending? • Minnesota - Allowed on primary • Michigan - Allowed on primary • Illinois - Allowed on primary

#trump #ballot #law #legal #elections #court #court of appeals #supreme court #14th amendment #us politics #politics #civil law #criminal case #criminal law #ballot disqualification #disqualification #insurrection #january 6th

[digestsbymarianpurpleink]

PINGOL v. CA G.R. No. 102909 September 6, 1993

DOCTRINE

A deed of sale is absolute in nature although denominated as a "Deed of Conditional Sale" where there is no stipulation in the deed that title to the property sold is reserved in the seller until the full payment of the price, nor is there a stipulation giving the vendor the right to unilaterally resolve the contract the moment the buyer fails to pay within a fixed period. Moreover, in a contract of sale, the title passes to the vendee upon the delivery of the thing sold, whereas in a contract to sell, by agreement, ownership is reserved in the vendor and is not to pass until the full payment of the price. In a contract of sale, the vendor has lost and cannot recover ownership until and unless the contract is resolved or rescinded, whereas in a contract to sell, title is retained by the vendor until the full payment of the price, such payment being a positive suspensive condition, failure of which is not a breach but an event that prevented the obligation of the vendor to convey title from becoming effective. 

FACTS

Petitioner Vicente Pingol is the owner of Lot No. 3223 of the Cadastral Survey of Caloocan, with an area of 549 square meters, located at Bagong Barrio, Caloocan City. On 17 February 1969, he executed a "DEED OF ABSOLUTE SALE OF ONE-HALF OF (1/2) [OF] AN UNDIVIDED PORTION OF A PARCEL OF LAND" in favor of Francisco N. Donasco which was acknowledged before a notary public, in consideration of the sum of TWENTY THOUSAND AND FIVE HUNDRED THIRTY (P20,530.00) PESOS to be paid in several equal installments within a period of six (6) years, beginning January 1970. 

Private Respondent Francisco immediately took possession of the subject lot and constructed a house thereon. In January 1970, he started paying the monthly installments but was able to pay only up to 1972.

When Francisco Donasco died. At the time of his demise, he had paid P8,369.00, plus the P2,000.00 advance payment, leaving a balance of P10,161.00 on the contract price.  Lot No. 3223-A remained in the possession of Donasco's heirs. Not long after, the heirs filed an action for Specific Performance against spouses Pingol, and prayed that the defendants be ordered to accept the payment of the balance for the agreed price on the lot. 

In their answer, Spouses Pingol argued that the deed of sale embodied a conditional contract of sale as the consideration is to be paid on installment basis and considering the breach by Francisco of his contractual obligation, the sale was deemed to have been cancelled.  

The trial court ruled in favor of Spouses Pingol and held that the contract agreed upon by the parties was a “Contract to Sell” not a “Contract of Sale”, since Vicente Pingol had no intention to part with the ownership of the loan unless the full amount of the agreed price had been paid. The Court of Appeals reversed and set aside the decision, hence this petition for Certiorari. 

ISSUE/S

Whether the parties entered into a contract to sell. 

RULING

The Court ruled in the NEGATIVE. 

In Dignos vs. Court of Appeals, 16 we held that a deed of sale is absolute in nature although denominated as a "Deed of Conditional Sale" where there is no stipulation in the deed that title to the property sold is reserved in the seller until the full payment of the price, nor is there a stipulation giving the vendor the right to unilaterally resolve the contract the moment the buyer fails to pay within a fixed period. Exhibit "A" contains neither stipulation. What is merely stated therein is that "the VENDEE agrees that in case of default in the payment of the installments due the same shall earn a legal rate of interest, and to which the VENDOR likewise agrees."

Furthermore, as found by the Court of Appeals, the acts of the parties, contemporaneous and subsequent to the contract, clearly show that an absolute deed of sale was intended, by the parties and not a contract to sell:

P]ursuant to the deed, the vendor delivered actual and constructive possession of the property to the vendee, who occupied and took such possession, constructed a building thereon, had the property surveyed and subdivided and a plan of the property was prepared and submitted to the Land Registration Commission which approved it preparatory to segregating the same and obtaining the corresponding TCT in his name. Since the sale, appellee continuously possessed and occupied the property as owner up to his death on July 13, 1984 and his heirs, after his death, continued the occupancy and possession of the property up to the present. Those contemporaneous and subsequent events are demonstrative acts that the vendor since the sale recognized the vendee as the absolute owner of the property sold. All those attributes of ownership are admitted by defendants in their answer, specifically in paragraphs 7 and 9 of their special and affirmative defenses.

The contract here being one of absolute sale, the ownership of the subject lot was transferred to the buyer upon the actual and constructive delivery thereof. The constructive delivery of the subject lot was made upon the execution of the deed of sale while the actual delivery was effected when the private respondents took possession of and constructed a house on Lot No. 3223-A.

The delivery of the object of the contract divested the vendor of the ownership over the same and he cannot recover the title unless the contract is resolved or rescinded pursuant to Article 1592 of the New Civil Code which provides that:

In the sale of immovable property, even though it may have been stipulated that upon failure to pay the price at the time agreed upon the rescission of the contract shall of right take place, the vendee may pay, even after the expiration of the period, as long as no demand for rescission of the contract has been made upon him either judicially or by a notarial act. After the demand, the court may not grant him a new term.

Both the trial court and the Court of Appeals did not find that a notarial or judicial rescission of the contract had been made. Although Vicente Pingol asserts that he had declared to Francisco Donasco that he was cancelling the contract, he did not prove that his demand for rescission was made either judicially or by a notarial act.

#Civil Law #ObliCon

[emmashaww]

Best Civil Lawyers In Delhi

Experience expert guidance in Delhi's civil litigation landscape. Our top civil lawyers at Your Legal Consultant offer comprehensive legal support and skilled representation.

#civil law #judicial system #judicial ethics #judiciary

[lawwithe]

Civil Cases

Civil cases involve conflicts between people or institutions such as businesses, typically over money.  A civil case usually begins when one person or business (the "plaintiff") claims to have been harmed by the actions of another person or business (the "defendant") and asks the court for relief by filing a "complaint" and starting a court case.  The plaintiff may ask the court to award "damages" (money to compensate the plaintiff for any harm suffered), or may ask for an "injunction" to prevent the defendant from doing something or to require the defendant to do something, or may seek a "declaratory judgment" in which the court determines the parties' rights under a contract or statute.

#study law #law student #civil law #law school #law studyblr