{"product_id":"49689-meyer-le-systeme-doctrinal-des","title":"MEYER (Christophe) – THE DOCTRINAL SYSTEM OF SUPPORT, Contribution to the general theory of the legal obligation of support, Publ. Univ. Européenne, Series II – Law","description":"\u003cp\u003e\u003cstrong\u003eMEYER (Christophe), Bern, 2006, in-8, br., (cover slightly soiled), XIV-666 p.\u003c\/strong\u003e\u003c\/p\u003e \u003cp\u003e\"The main objective of a historical study of alimony is to investigate the origins and structures of the French legal obligation to provide support. The convergence of solutions, however, is such that the structural identity of the alimony institution in Western law is striking. This is true even when one moves beyond legal systems with a strong Roman tradition to examine the regime of the legal obligation to provide support under common law or socialist law. Indeed, in all cases, it is always presented as a legal, reciprocal, variable, and monetary obligation to provide basic necessities within a small circle of close relatives, proportionate to the respective means and needs of the parties, and governed by a regime that deviates significantly from common law. The study thus tends to demonstrate that the legal alimony institution is essentially driven by the idea of ​​favor. This is undoubtedly inspired by the Roman concept of favor testamenti, which consists of systematically interpreting the obligation to provide support in favor of the claimant: its existence as well as its execution or the speed of its payment.\" Thus, the consideration that the institution was constructed entirely in favorem can explain most of its characteristics, which deviate from classical legal principles. Similarly, it also explains why the dogmatic framework of the contemporary institution has failed to adequately account for the nature of the maintenance obligation: it is not a civil obligation of legal origin, but a natural obligation of direct Roman origin, one that could have been protected by positive law initially, but which, strictly speaking, involved neither actio nor obligatio. Likewise, this obligation, neither reciprocal nor synallagmatic, is in reality a bundle of duties. Which are familial and unilateral. (Out of print.)\u003c\/p\u003e","brand":"Mémoire du Droit","offers":[{"title":"Default Title","offer_id":51963806843227,"sku":"49689","price":45.0,"currency_code":"EUR","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0941\/0163\/5419\/files\/49689-1.jpg?v=1766946569","url":"https:\/\/www.memoiredudroit.fr\/en\/products\/49689-meyer-le-systeme-doctrinal-des","provider":"La Mémoire du Droit","version":"1.0","type":"link"}