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Record W2037793309 · doi:10.2202/1535-1661.1109

The Canadian Constructive Trust and the French Negotiorum Gestio: Two Institutions Serving one Same Legal Concept ?

2004· article· en· W2037793309 on OpenAlexaboutno aff
Audrey S. Benguira

Bibliographic record

VenueGlobal Jurist Advances · 2004
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsConstructive trustUnjust enrichmentLawCommon lawPolitical scienceConstructiveDoctrineEquity (law)TortLienCivil law (Civil law)SociologyPublic lawLiabilityRestitutionComputer science

Abstract

fetched live from OpenAlex

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

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesScience and technology studies
Consensus categoriesScience and technology studies
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.878
Threshold uncertainty score0.999

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0060.004
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

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.

Opus teacher head0.014
GPT teacher head0.307
Teacher spread0.293 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

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".

Quick stats

Citations0
Published2004
Admission routes1
Has abstractyes

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