The Interaction of Contract Law and Tort and Property Law in Europe

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Interaction of Contract Law and Tort and Property Law in Europe by : Christian von Bar

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Cours général de droit international public

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028606333
Total Pages : 604 pages
Book Rating : 4.6/5 (63 download)

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Book Synopsis Cours général de droit international public by :

Download or read book Cours général de droit international public written by and published by Martinus Nijhoff Publishers. This book was released on 1973-09-19 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Recueil Des Cours

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041118561
Total Pages : 424 pages
Book Rating : 4.1/5 (185 download)

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Book Synopsis Recueil Des Cours by : Hague Academy of International Law

Download or read book Recueil Des Cours written by Hague Academy of International Law and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of Public and Private International Law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law.All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of theTo access the abstract texts for this volume please click here"

The Construction, Sources, and Implications of Consensualism in Contract

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Author :
Publisher : Springer Nature
ISBN 13 : 3031376412
Total Pages : 263 pages
Book Rating : 4.0/5 (313 download)

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Book Synopsis The Construction, Sources, and Implications of Consensualism in Contract by : Kane Abry

Download or read book The Construction, Sources, and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK

International Encylopedia of Comparative Law, Instalment 7

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028602717
Total Pages : 296 pages
Book Rating : 4.6/5 (27 download)

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Book Synopsis International Encylopedia of Comparative Law, Instalment 7 by : K. Zweigert

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

Unjustified Enrichment

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Publisher :
ISBN 13 : 0511029292
Total Pages : 793 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis Unjustified Enrichment by : David Johnston

Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

International Encyclopaedia of Comparative Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028603011
Total Pages : 104 pages
Book Rating : 4.6/5 (3 download)

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Book Synopsis International Encyclopaedia of Comparative Law by : K Zweigert

Download or read book International Encyclopaedia of Comparative Law written by K Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 104 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

Recueil Des Cours

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028604247
Total Pages : 464 pages
Book Rating : 4.6/5 (42 download)

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Book Synopsis Recueil Des Cours by :

Download or read book Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1974-08-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Jurists

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Author :
Publisher :
ISBN 13 : 0199689393
Total Pages : 333 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis The Jurists by : James Gordley

Download or read book The Jurists written by James Gordley and published by . This book was released on 2013-10 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurists, or legal scholars, have had a profound impact on the development of the law. Their emergence can be traced back to ancient Rome and traced through the centuries to today. Since their inception, jurists have worked in like-minded schools united by the particular project they were pursuing. The project can be described by the goal they sought and the methods they used to achieve it. These projects were heavily influenced by their historical context and as such they pursued different goals by different methods. This proved helpful to later jurists who used the writings of previous schools to learn from both their successes and their failures. However there was one crucial element that all jurists throughout the ages have had in common: their attempts to understand and explain the law. This book is an intellectual history of the work of Western jurists from ancient Rome to the present. It describes how the law has been reshaped by the work of these successive schools. For each school, the book introduces its emergence within its historical context, the prevailing aims and methods of scholars working in it; and its legacy for legal thought and scholarship.

The Division of Wrongs

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Author :
Publisher : Oxford University Press (UK)
ISBN 13 : 0199562792
Total Pages : 328 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Division of Wrongs by : Eric Descheemaeker

Download or read book The Division of Wrongs written by Eric Descheemaeker and published by Oxford University Press (UK). This book was released on 2009-06-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman law.

Reforming the French Law of Obligations

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317219
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reforming the French Law of Obligations by : John Cartwright

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

An International Restatement of Contract Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004177167
Total Pages : 706 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis An International Restatement of Contract Law by : Michael Joachim Bonell

Download or read book An International Restatement of Contract Law written by Michael Joachim Bonell and published by Martinus Nijhoff Publishers. This book was released on 2009-03-01 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.

Remedies for Breach of Contract

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Author :
Publisher : OUP Oxford
ISBN 13 : 0191630055
Total Pages : 1864 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Remedies for Breach of Contract by : Solène Rowan

Download or read book Remedies for Breach of Contract written by Solène Rowan and published by OUP Oxford. This book was released on 2012-01-26 with total page 1864 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thought-provoking analysis of remedies for breach of contract, this book examines the commitment of English law to the protection of contractual performance. It considers specific remedies, termination, compensatory damages, gain-based monetary awards, punitive damages, and contractually negotiated remedies. It also looks forward by considering how the protection of performance could be strengthened in the future. The book approaches English law remedies for breach of contract through the comparative study of French law, which offers significant scope for informative contrast. It sheds new light on contractual remedies in both jurisdictions and challenges fundamental aspects of English law in this area. With coverage of lively academic debates and recent developments in the case law on both sides of the Channel, the book discusses topical issues. There is also commentary on aspects of two recent far-reaching reform projects relating to the French Civil code and of the Draft Common Frame of Reference. Indispensable reading for private lawyers from common and civil law backgrounds with an interest in remedies for breach of contract, whether comparatists or not, the book should prove to be an invaluable resource for students, academics and practitioners on the current state and future reform of the law in this area.

Rules for the Transfer of Movables

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 386653700X
Total Pages : 281 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Rules for the Transfer of Movables by : Wolfgang Faber

Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.

Recueil Des Cours, Collected Courses, 1935

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028608924
Total Pages : 672 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1935 by : Acadimie de Droit International de La Haye

Download or read book Recueil Des Cours, Collected Courses, 1935 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

Recueil Des Cours, Collected Courses, 1937

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028609723
Total Pages : 820 pages
Book Rating : 4.6/5 (97 download)

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Book Synopsis Recueil Des Cours, Collected Courses, 1937 by : Acadimie de Droit International de La Haye

Download or read book Recueil Des Cours, Collected Courses, 1937 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .

International Encyclopedia of Comparative Law: Contracts in general

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Author :
Publisher :
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis International Encyclopedia of Comparative Law: Contracts in general by :

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: