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Bonus Pater Familias
In Roman law, the term ''bonus pater familias'' ("good Pater familias, family father") refers to a standard of care, analogous to that of the reasonable man in the common law. Modern rules Spain In Spanish law, the term used is a direct translation ("un buen padre de familia"), and used in the Spanish Spanish Civil Code, Código Civil. It is also used in Latin American countries. Portugal In Portuguese law the term is also mentioned in the Civil Code of Portugal, Civil Code, in its direct translation ("um bom pai de família"). Italy In Italian law, the term is used in a direct translation ("diligenza del buon padre di famiglia"). France and Canada Similar is the French language expression ''bon père de famille'', used in a sense similar to "reasonably cautious person." For example, in the case of ''Fales v. Canada Permanent Trust Co.,'' [1977] 2 SCR 302, at p. 315, the Supreme Court of Canada described the standard of care and diligence expected of the manager of a tru ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Law
Roman law is the law, legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (), to the (AD 529) ordered by Eastern Roman emperor Justinian I. Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for Civil law (legal system), legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary. Eastern Europe was also influenced by the jurisprudence of the , especially in countries such as medieval Romania, which created a new legal system comprising a mixture of Roman and local law. After the dissolution of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pater Familias
The ''pater familias'', also written as ''paterfamilias'' (: ''patres familias''), was the head of a Roman family. The ''pater familias'' was the oldest living male in a household, and could legally exercise autocratic authority over his extended family. The term is Latin for "father of the family" or the "owner of the family estate". The form is archaic in Latin, preserving the old genitive ending in (see Latin declension), whereas in classical Latin the normal first declension genitive singular ending was . The ''pater familias'' always had to be a Roman citizen. Roman law and tradition ('' mos majorum'') established the power of the ''pater familias'' within the community of his own extended ''familia''. In Roman family law, the term "Patria potestas" (Latin: “power of a father”) refers to this concept. He held legal privilege over the property of the ''familia'', and varying levels of authority over his dependents: these included his wife and children, certain other ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Of Care
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person; this is sometimes labeled as the "reasonable physician standard". It was famously described in ''Vaughn v. Menlove'' (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances". Professional standard of care In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work. Such a test (known as the "Bolam Test") was used to determine whether a doctor was liable for medical malpractice before the 2015 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable Man
In law, a reasonable person or reasonable man is a hypothetical person whose character and care conduct, under any ''common set of facts,'' is decided through reasoning of good practice or policy. It is a legal fiction crafted by the courts and communicated through case law and jury instructions. In some practices, for circumstances arising from an ''uncommon set of facts,'' this person represents a composite of a relevant community's judgement as to how a typical member of that community should behave in situations that might pose a threat of harm (through action or inaction) to the public. The reasonable person is used as a tool to standardize, teach law students, or explain the law to a jury. The reasonable person belongs to a family of hypothetical figures in law including: the "right-thinking member of society", the " officious bystander", the "reasonable parent", the "reasonable landlord", the "fair-minded and informed observer", the "person having ordinary skill in the a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanish Law
The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristics Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national. Constitutional supremacy The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain. Constitutional contr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanish Civil Code
The Civil Code of Spain (), formally the Royal Decree of 24 July 1889 () is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental Europe because of the sociopolitical, religious and territorial tensions that dominated 19th-century Spain. The code has been modified numerous times and remains in force. Structure The structure of the Civil Code is heavily inspired by the French Civil Code of 1804. It is made up of 1976 articles. * Preliminary Title. Of legal norms, their application and efficacy (articles 1 to 16). * Book I. Of persons (articles 17 to 332). * Book II. Of goods, of property and of their modifications (articles 333 to 608). * Book III. Of the different ways of acquiring property (articles 609 to 1087). * Book IV. Of obligations and contracts (articles 1088 to 1975). * Article 1976 is a repeal provision. * 13 transitional provisions. * 4 additional provisions. Criticism Like other European civil codes, the Sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Portuguese Law
Portuguese may refer to: * anything of, from, or related to the country and nation of Portugal ** Portuguese cuisine, traditional foods ** Portuguese language, a Romance language *** Portuguese dialects, variants of the Portuguese language ** Portuguese man o' war, a dangerous marine animal ** Portuguese people, an ethnic group See also * * '' Sonnets from the Portuguese'' * "A Portuguesa", the national anthem of Portugal * Lusofonia * Lusitania Lusitania (; ) was an ancient Iberian Roman province encompassing most of modern-day Portugal (south of the Douro River) and a large portion of western Spain (the present Extremadura and Province of Salamanca). Romans named the region after th ... * {{disambiguation Language and nationality disambiguation pages ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Civil Code Of Portugal
The current Portuguese Civil Code () was approved on 26 November 1966 and entered into force on 1 June 1967. It replaced the previous Portuguese Civil Code of 1868. Its text was prepared by a Commission of Professors of Law which in its final phase was presided and substantially changed by Professor Antunes Varela, which is why it is often referred to as "Varela's Civil Code" as opposed to "Seabra's Civil Code", the previous Civil Code of Portugal which preparation commission was presided over by the Viscount of Seabra and entered into force precisely one century before the new code was enacted in 1967. However, due to Professor Vaz Serra's important contributions, the Portuguese Civil Code is often also referred to as "Vaz Serra's Civil Code", specially by authors from the Faculty of Law of the University of Lisbon. Structure The Code adopted the German classification of areas of Civil Law, following the BGB, and is divided into 5 main parts (or "books"): # the General Par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Italian Law
The law of Italy is the system of law across the Italy, Italian Republic. The Italian legal system has a plurality of sources of production. These are arranged in a hierarchical scale, under which the rule of a lower source cannot conflict with the rule of an upper source (hierarchy of sources). The Constitution of Italy, Constitution of 1948 is the main source. The Italian civil code is based on codified Roman law with elements of the Napoleonic civil code and later statutes. The civil code of 1942 replaced the original one of 1865. The penal code ("The Rocco Code") was also written under fascism (1930). Both the civil code and the penal code have been modified in order to be in conformity with the current democratic constitution and with social changes. Legislative power Article 117 of the Constitution of Italy shares legislative power, according to the concerned matters, between Italian Parliament and Regions of Italy#institutions, regional councils. While a law ratifie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
French Language
French ( or ) is a Romance languages, Romance language of the Indo-European languages, Indo-European family. Like all other Romance languages, it descended from the Vulgar Latin of the Roman Empire. French evolved from Northern Old Gallo-Romance, a descendant of the Latin spoken in Northern Gaul. Its closest relatives are the other langues d'oïl—languages historically spoken in northern France and in southern Belgium, which French (Francien language, Francien) largely supplanted. It was also substratum (linguistics), influenced by native Celtic languages of Northern Roman Gaul and by the Germanic languages, Germanic Frankish language of the post-Roman Franks, Frankish invaders. As a result of French and Belgian colonialism from the 16th century onward, it was introduced to new territories in the Americas, Africa, and Asia, and numerous French-based creole languages, most notably Haitian Creole, were established. A French-speaking person or nation may be referred to as Fra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; , ) is the highest court in the judicial system of Canada. It comprises nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and civil law) and bilingual, hearing cases in both official languages of Canada (English and French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves application of the Canadian Constitution, in which case, the decision (in most cases) is completely binding on the legislative branch. This is especially true of decisions which touch upon the ''Canadian Charter of Rights and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
