The Canadian Constructive Trust and the French Negotiorum Gestio: Two Institutions Serving one Same Legal Concept ?
Bibliographic record
Abstract
The common law and civil law systems are generally considered as ostensibly different. They are nevertheless faced with similar challenges in terms of fact situations needing to be resolved. In this respect, the comparative analysis between the Canadian constructive trust and the French negotiorum gestio proves to be relevant. While the French negotiorum gestio is the remnant version of the original Roman law institution using the same latin name, the constructive trust was developped by the courts of common law through the doctrine of Equity. Hence, if these institutions are objectivley highly different from a technical standpoint, their comaprison may bring us to the conclusion that both are founded on concurring rationales, that is developing a necessary obligatory lien when neither contract law or tort law can apply
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.003 | 0.010 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.003 | 0.004 |
| Science and technology studies | 0.012 | 0.022 |
| Scholarly communication | 0.014 | 0.006 |
| Open science | 0.002 | 0.004 |
| Research integrity | 0.004 | 0.003 |
| Insufficient payload (model declined to judge) | 0.009 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".