Uncover Columbia Law

Although many students argue that “the boundaries between private and non-private law have gotten blurred”, and that this distinction has turn out to be mere “folklore” (Bergkamp, Liability and Environment, 1–2). Civil law jurisdictions recognise custom as “the opposite supply of law”; therefore, scholars are inclined to divide the civil law into the broad categories of “written law” or laws, and “unwritten law” (ius non-scriptum) or custom. Yet they tend to dismiss custom as being of slight significance compared to legislation (Georgiadis, General Principles of Civil Law, 19; Washofsky, Taking Precedent Seriously, 7).

  • A right in rem is a right to a particular piece of property, contrasting to a proper in personam which permits compensation for a loss, however not a particular thing back.
  • This partly reflected Germany’s status as a rising power in the late 19th century.
  • There have been several attempts to supply “a universally acceptable definition of