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Author : Stefano Pagliantini
Publisher : G Giappichelli Editore
ISBN 13 : 8834814193
Total Pages : 360 pages
Book Rating : 4.8/5 (348 download)
Download or read book Abuso del diritto e buona fede nei contratti written by Stefano Pagliantini and published by G Giappichelli Editore. This book was released on 2010-01-01 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ivan Libero Nocera
Publisher : Giuffrè Editore
ISBN 13 : 8814210640
Total Pages : 128 pages
Book Rating : 4.8/5 (142 download)
Download or read book Buona fede e giustizia nel diritto dei contratti written by Ivan Libero Nocera and published by Giuffrè Editore. This book was released on 2015-12-01T00:00:00+01:00 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estratto tematico tratto dal portale Giuffrè www.giustiziacivile.com. Nel presente lavoro - confrontandosi con «i problemi eternamente insolubili racchiusi nel circolo paradossale del nesso tra libertà e giustizia contrattuale» - l'Autore tenterà di individuare, anche attraverso l'analisi del ruolo della buona fede nei principali testi di soft law europeo, quali nuove potenzialità e prospettive può assumere tale clausola, considerata come criterio orientativo del fenomeno contrattuale, nell'ambito del rapporto dialettico tra autonomia privata/ruolo del giudice/principi ordinamentali.
Author : Carpentieri, Loredana
Publisher : G Giappichelli Editore
ISBN 13 : 8892182552
Total Pages : 288 pages
Book Rating : 4.8/5 (921 download)
Download or read book L’Abuso del diritto written by Carpentieri, Loredana and published by G Giappichelli Editore. This book was released on 2019-05-08 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume "L'abuso del diritto", di Loredana Carpentieri raccoglie gli esiti del Convegno dal titolo “L’abuso del diritto. Profili privatistici e profili fiscali”, svoltosi a Napoli in Villa Doria d’Angri, sotto l’egida dell’Università Parthenope, il 15 giugno 2017. Quell’incontro tra studiosi di area privatistica e commerciale e studiosi di diritto tributario ha voluto rappresentare un momento di riflessione su una figura trasversale a tutte le discipline giuridiche e per ciò stesso ancor più rilevante: proprio la natura trasversale dell’abuso di diritto lascia, infatti, intravedere la complessità e le molteplici sfaccettature che questo istituto può assumere quando inserito e trattato in contesti di riferimento diversi, pur se contigui. Il tema è sembrato di particolare interesse anche perché l’abuso del diritto è figura che reagisce prepotentemente sull’interpretazione delle norme giuridiche e dunque finisce, ancora una volta, per riproporre all’attenzione del Lettore l’antica dialettica tra lettera e ratio della norma. Il volume vuole essere testimonianza viva sia del permanente fil rouge che lega tra loro i diversi settori dell’ordinamento giuridico, sia dell’emersione e dell’apprezzamento delle differenze di prospettiva dietro le quali gli studiosi di ciascuno di tali settori leggono e utilizzano la medesima figura. Al Lettore è affidato, ancora una volta, il compito di cogliere l’unicità del diritto dietro il caleidoscopio dei diversi contesti sistematici e normativi.
Author : Lina Bigliazzi Geri
Publisher : Giuffrè Editore
ISBN 13 : 8814185212
Total Pages : 470 pages
Book Rating : 4.8/5 (141 download)
Download or read book L' interpretazione del contratto written by Lina Bigliazzi Geri and published by Giuffrè Editore. This book was released on 2013 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maren Heidemann
Publisher : Springer Nature
ISBN 13 : 3031284976
Total Pages : 1099 pages
Book Rating : 4.0/5 (312 download)
Download or read book The Transformation of Private Law – Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Pierpaolo Marano
Publisher : Springer Nature
ISBN 13 : 3030311988
Total Pages : 714 pages
Book Rating : 4.0/5 (33 download)
Download or read book Transparency in Insurance Contract Law written by Pierpaolo Marano and published by Springer Nature. This book was released on 2020-03-11 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
Author : Luisa Antoniolli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123725
Total Pages : 522 pages
Book Rating : 4.0/5 (411 download)
Download or read book Principles of European Contract Law and Italian Law written by Luisa Antoniolli and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2
Author : Stefan Grundmann
Publisher : Routledge
ISBN 13 : 1317022173
Total Pages : 399 pages
Book Rating : 4.3/5 (17 download)
Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Author : K. Zweigert
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028602717
Total Pages : 296 pages
Book Rating : 4.6/5 (27 download)
Download or read book International Encylopedia of Comparative Law, Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Author :
Publisher : Walter de Gruyter
ISBN 13 : 311031228X
Total Pages : 2983 pages
Book Rating : 4.1/5 (13 download)
Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.
Author : Antonio D’Aloia
Publisher : Springer Nature
ISBN 13 : 3030388409
Total Pages : 563 pages
Book Rating : 4.0/5 (33 download)
Download or read book Neuroscience and Law written by Antonio D’Aloia and published by Springer Nature. This book was released on 2020-06-01 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: There have been extraordinary developments in the field of neuroscience in recent years, sparking a number of discussions within the legal field. This book studies the various interactions between neuroscience and the world of law, and explores how neuroscientific findings could affect some fundamental legal categories and how the law should be implemented in such cases. The book is divided into three main parts. Starting with a general overview of the convergence of neuroscience and law, the first part outlines the importance of their continuous interaction, the challenges that neuroscience poses for the concepts of free will and responsibility, and the peculiar characteristics of a “new” cognitive liberty. In turn, the second part addresses the phenomenon of cognitive and moral enhancement, as well as the uses of neurotechnology and their impacts on health, self-determination and the concept of being human. The third and last part investigates the use of neuroscientific findings in both criminal and civil cases, and seeks to determine whether they can provide valuable evidence and facilitate the assessment of personal responsibility, helping to resolve cases. The book is the result of an interdisciplinary dialogue involving jurists, philosophers, neuroscientists, forensic medicine specialists, and scholars in the humanities; further, it is intended for a broad readership interested in understanding the impacts of scientific and technological developments on people’s lives and on our social systems.
Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.:/5 (318 download)
Download or read book International Encyclopedia of Comparative Law: Contracts in general written by and published by . This book was released on 1973 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.F/5 ( download)
Download or read book Bullettino dell'Istituto di diritto romano written by and published by . This book was released on 1951 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.3/5 (91 download)
Download or read book The National Union Catalog, Pre-1956 Imprints written by and published by . This book was released on 1978 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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Publisher :
ISBN 13 :
Total Pages : 754 pages
Book Rating : 4.F/5 ( download)
Download or read book Informatica e diritto written by and published by . This book was released on 1985 with total page 754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Andrew D. Mitchell
Publisher : Oxford University Press, USA
ISBN 13 : 0198739796
Total Pages : 225 pages
Book Rating : 4.1/5 (987 download)
Download or read book Good Faith and International Economic Law written by Andrew D. Mitchell and published by Oxford University Press, USA. This book was released on 2015 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past two decades have seen a significant proliferation of trade and investment treaties around the world. States are increasingly negotiating agreements that regulate both trade and investment, such as the Trans-Pacific Partnership Agreement and the Transatlantic Trade and Investment Partnership. The number of investor-state dispute settlement cases is growing dramatically each year, yet states' enthusiasm for investor-state arbitration has become more qualified as concern has intensified that the system can be abused by foreign investors. Good faith is therefore becoming increasingly important as a principle, particularly in the investment context, due to disputes about investor conduct such as corporate restructuring in order to gain the protection of a particular investment treaty regarding an existing or foreseeable dispute, and States' responses to public policy concerns through attempts to modify or terminate investment treaties in the face of ongoing or expected claims. Tribunals adjudicating investment disputes have used the principle of good faith in a haphazard and uncoordinated manner, causing serious problems of uncertainty and inconsistency. In response to these developments, this book contains the first comprehensive and integrated analysis of the treatment of good faith in international investment law, noting the broader implications of good faith in public international law and international trade law.
Author :
Publisher : Giuffrè Editore
ISBN 13 : 8814135126
Total Pages : 4371 pages
Book Rating : 4.8/5 (141 download)
Download or read book Studi per Giovanni Nicosia written by and published by Giuffrè Editore. This book was released on 2007 with total page 4371 pages. Available in PDF, EPUB and Kindle. Book excerpt:
