Transplanturile legale (I). Definiție, istoric și dezbateri cu privire la existența acestora
Legal transplants (I). Definition, record and debates in relation to their existence
Author(s): Daniel MoreanuSubject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: legal transplant (legal transplant); definition; record; the new Civil Code; trust; Alan Watson; Pierre Legrand; “transfer” theory; “culturalist” theory; prestige; compatibility; voluntary assumption; nature of the transplanted legal mechanism.
Summary/Abstract: In this study, the author Daniel MOREANU, in his capacity as Lawyer, presents certain general considerations regarding the notion and the influence of the “legal transplants” over the law systems, in the general internationalization context predominating over the global market, including, but not limited to the legal field. Starting from a complete definition of this complex notion, the author examines the historical sources of the emergence and development of the notion of “legal transplants”. Noticing that there are controversies in the international legal literature regarding their existence itself, the author presents the opinions of two (2) of the most important authors in the field and further continues to examine the types of “legal transplants” identified by those who have examined this subject in a more detailed way. The taxonomy and the factors which contribute to the success of a “legal transplant” represent as well, interesting subjects and shall represent the object of a subsequent study.
Journal: Revista Română de Drept Privat
- Issue Year: 2014
- Issue No: 04
- Page Range: 150-160
- Page Count: 11
- Language: Romanian
- Content File-PDF