Formalities in Copyright Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134182
Total Pages : 370 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Formalities in Copyright Law by : Stef van Gompel

Download or read book Formalities in Copyright Law written by Stef van Gompel and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines whether reintroducing copyright formalities is legally feasible. Based on a comprehensive and thorough analysis of copyright formalities, it sets out to establish the extent to which the current copyright system allows for their reintroduction. To this end, the author describes the role and functions of formalities, revisits the history of formalities at the national and international levels, examines the scope of the international prohibition on formalities, and scrutinizes the rationales behind this prohibition, including an in-depth examination of the validity of the argument that copyright is a 'natural right' and therefore should be protected independently of formalities. The author skilfully evaluates and contrasts the conflicting theories according to which formalities, on the one hand, add legal certainty to claims on the ownership of property, and, on the other, hamper individual authors from seeking adequate protection for their works. This book makes an important contribution to legal science by answering questions that so far have been neglected or only marginally addressed. To the degree that current copyright law permits reintroducing formalities, the author posits the specifications that will determine to a great extent what role and functions they may eventually fulfil: depending on the aims to be achieved, lawmakers must choose which types of formalities shall be imposed, and what their legal consequences shall be. This book goes a long way towards reinforcing the foundation for those decisions.

The Worlds of the Trust

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Publisher : Cambridge University Press
ISBN 13 : 1107276683
Total Pages : 585 pages
Book Rating : 4.1/5 (72 download)

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Book Synopsis The Worlds of the Trust by : Lionel Smith

Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.

Prohibition of Abuse of Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847317855
Total Pages : 533 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Prohibition of Abuse of Law by : Rita de la Feria

Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

The Enforceability of Promises in European Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 1139428632
Total Pages : 514 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Enforceability of Promises in European Contract Law by : James Gordley

Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2001-07-12 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.

Cases, Materials and Text on Property Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319823
Total Pages : 1252 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Cases, Materials and Text on Property Law by : Sjef van Erp

Download or read book Cases, Materials and Text on Property Law written by Sjef van Erp and published by Bloomsbury Publishing. This book was released on 2012-07-23 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.

The Distinction of Land and Goods in English, French, German and EU Law

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Author :
Publisher : V&R Unipress
ISBN 13 : 3847013920
Total Pages : 163 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Distinction of Land and Goods in English, French, German and EU Law by : Shaun Charlton

Download or read book The Distinction of Land and Goods in English, French, German and EU Law written by Shaun Charlton and published by V&R Unipress. This book was released on 2022-07-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.

Family Law and Society in Europe from the Middle Ages to the Contemporary Era

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Author :
Publisher : Springer
ISBN 13 : 3319422898
Total Pages : 382 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Family Law and Society in Europe from the Middle Ages to the Contemporary Era by : Maria Gigliola di Renzo Villata

Download or read book Family Law and Society in Europe from the Middle Ages to the Contemporary Era written by Maria Gigliola di Renzo Villata and published by Springer. This book was released on 2016-08-04 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the study of family law and society in Europe, from medieval to contemporary ages. It examines the topic from a legal and social point of view. Furthermore, it investigates those aspects of the new family legal history that have not commonly been examined in depth by legal historians. The volume provides a new 'global' interpretative key of the development of family law in Europe. It presents essays about family and the Christian influence, family and criminal law, family and civil liability, filiation (legitimate, natural and adopted children), and family and children labour law. In addition, it explores specific topics related to marriage, such as the matrimonial property regime from a European comparative perspective, and impediments to marriage, such as bigamy. The book also addresses topics including family, society and European juridical science.

Representations and Rights of the Environment

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Publisher : Cambridge University Press
ISBN 13 : 1108855989
Total Pages : 415 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Representations and Rights of the Environment by : Sandy Lamalle

Download or read book Representations and Rights of the Environment written by Sandy Lamalle and published by Cambridge University Press. This book was released on 2023-01-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attending to the 'Cry of the Earth' requires a critical appraisal of how we conceive our relationship with the environment, and a clear vision of how to apprehend it in law and governance. Addressing questions of participation, responsibility and justice, this collective endeavour includes marginalised and critical voices, featuring contributions by leading practitioners and thinkers in Indigenous law, traditional knowledge, wild law, the rights of nature, theology, public policy and environmental humanities.Such voices play a decisive role in comprehending and responding to current global challenges. They invite us to broaden our horizon of meaning and action, modes of knowing and being in the world, and envision the path ahead with a new legal consciousness. A valuable reference for students, researchers and practitioners, this book is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

Ius Commune Lectures on European Private Law

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Publisher :
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Ius Commune Lectures on European Private Law by :

Download or read book Ius Commune Lectures on European Private Law written by and published by . This book was released on 2000 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The National Union Catalog, Pre-1956 Imprints

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Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The National Union Catalog, Pre-1956 Imprints by : Library of Congress

Download or read book The National Union Catalog, Pre-1956 Imprints written by Library of Congress and published by . This book was released on 1969 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Private Law: Foreword

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Publisher :
ISBN 13 :
Total Pages : 604 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis European Private Law: Foreword by : Mauro Bussani

Download or read book European Private Law: Foreword written by Mauro Bussani and published by . This book was released on 2009 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:

National Union Catalog

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Publisher :
ISBN 13 :
Total Pages : 716 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis National Union Catalog by :

Download or read book National Union Catalog written by and published by . This book was released on 1956 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases

Union Catalog of Foreign Books Acquired by 49 Libraries in Japan

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Publisher :
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Union Catalog of Foreign Books Acquired by 49 Libraries in Japan by : Kokuritsu Kokkai Toshokan (Japan)

Download or read book Union Catalog of Foreign Books Acquired by 49 Libraries in Japan written by Kokuritsu Kokkai Toshokan (Japan) and published by . This book was released on 1960 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cours de droit civil français d'après la méthode de Zachariae

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Publisher :
ISBN 13 :
Total Pages : 656 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Cours de droit civil français d'après la méthode de Zachariae by : Charles Aubry

Download or read book Cours de droit civil français d'après la méthode de Zachariae written by Charles Aubry and published by . This book was released on 1917 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt:

General Catalogue of Printed Books to 1955

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Publisher :
ISBN 13 :
Total Pages : 1248 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis General Catalogue of Printed Books to 1955 by : British Museum. Dept. of Printed Books

Download or read book General Catalogue of Printed Books to 1955 written by British Museum. Dept. of Printed Books and published by . This book was released on 1967 with total page 1248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Cours de Droit Civil Francais D'Apres La Methode de Zachariae, Volume 1 - Primary Source Edition

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Publisher :
ISBN 13 : 9781295687220
Total Pages : 664 pages
Book Rating : 4.6/5 (872 download)

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Book Synopsis Cours de Droit Civil Francais D'Apres La Methode de Zachariae, Volume 1 - Primary Source Edition by : Charles Rau

Download or read book Cours de Droit Civil Francais D'Apres La Methode de Zachariae, Volume 1 - Primary Source Edition written by Charles Rau and published by . This book was released on 2014-02 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

The Nature of the Contract

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Publisher :
ISBN 13 : 9788323224747
Total Pages : 194 pages
Book Rating : 4.2/5 (247 download)

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Book Synopsis The Nature of the Contract by : Wojciech Dajczak

Download or read book The Nature of the Contract written by Wojciech Dajczak and published by . This book was released on 2012-01 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: