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Divergences Of Property Law
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Book Synopsis Divergences of Property Law by : Ulrich Drobnig
Download or read book Divergences of Property Law written by Ulrich Drobnig and published by sellier. european law publ.. This book was released on 2006 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.
Book Synopsis Property Law in a Globalizing World by : Amnon Lehavi
Download or read book Property Law in a Globalizing World written by Amnon Lehavi and published by Cambridge University Press. This book was released on 2019-01-17 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why property law needs globalization strategies -- Local to global : an institutional analysis -- Land -- Tangible goods, monetary claims, investment securities -- Intellectual property, data, and digital assets -- Security interests and proprietary priorities in insolvency
Book Synopsis Property Rights and Bijuralism by : Jan Jakob Bornheim
Download or read book Property Rights and Bijuralism written by Jan Jakob Bornheim and published by Mohr Siebeck. This book was released on 2020-10-12 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Book Synopsis Divergences in Private Law by : Andrew Robertson
Download or read book Divergences in Private Law written by Andrew Robertson and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.
Book Synopsis Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law by : Paul De Hert
Download or read book Convergences and Divergences Between International Human Rights, International Humanitarian and International Criminal Law written by Paul De Hert and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although rooted in a similar ideal, human rights (IHRL), international criminal law (ICL) and international humanitarian law (IHL) are separate fields of law, best represented as circles, each of which overlaps with the other two. However human rights often seems to absorb the other two, while in other situations, the lines between human rights law and its next door neighbours are blurred or contested.This volume consists of three main parts. The first main part explores the convergences and divergences between IHL and/or IHRL on the one hand, and ICL stricto sensu on the other hand. The second part investigates the convergences and divergences between IHRL and transnational crimes, or ICL in the broader sense, which suppresses crimes such as drug trafficking, trafficking in human beings and corruption through international treaties providing for domestic enforcement. The last main part of this volume provides the reader with novel and original insights as to how IHRL and IHL converge and diverge by considering if and how the norms of other branches of international law come into play and how the European Court of Human Rights has engaged with the sometimes contradicting norms of IHL. It furthermore analyses the relationship between the specific IHL and IHRL norms which prohibit arbitrary displacement and maps their interaction. Finally, the effectiveness of States' investigations of war crimes committed by their armed forces is evaluated by emphasising attention to the relevant standards developed within IHRL, since IHL does not indicate specific criteria to evaluate the effectiveness of an investigation.
Book Synopsis Secured Credit in Europe by : Teemu Juutilainen
Download or read book Secured Credit in Europe written by Teemu Juutilainen and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2016–2018 KG Idman Prize. This monograph seeks the optimal way to promote compatibility between systems of proprietary security rights in Europe, focusing on security rights over tangible movables and receivables. Based on comparative research, it proposes how best to tackle cross-border problems impeding trade and finance, notably uncertainty of enforceability and unexpected loss of security rights. It offers an extensive analysis of the academic literature of more recent years that has appeared in English, German, the Scandinavian languages and Finnish. The author organises the concrete means of promoting compatibility into a centralised substantive approach, a centralised conflicts-approach, a local conflicts-approach and a local substantive approach. The centralised approaches develop EU law, and the local approaches Member State laws. The substantive approaches unify or harmonise substantive law, while the conflicts approaches rely on private international law. The author proposes determining the optimal way to promote compatibility by objective-based division of labour between the four approaches. The objectives developed for that purpose are derived from the economic functions of security rights, the conditions for legal evolution and a transnational conception of justice. This book is an important contribution to the future of secured transactions law in Europe and more widely. It will be of interest to academics, policymakers and legal practitioners involved in this field.
Book Synopsis The Constitutional Foundations of European Contract Law by : Kathleen Gutman
Download or read book The Constitutional Foundations of European Contract Law written by Kathleen Gutman and published by Oxford University Press, USA. This book was released on 2014-03 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
Book Synopsis Research Handbook on European Property Law by : Sjef van Erp
Download or read book Research Handbook on European Property Law written by Sjef van Erp and published by Edward Elgar Publishing. This book was released on 2024-10-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together global experts in the field, this Research Handbook presents an overview of recent developments in property law in European jurisdictions and in European Union law. It analyses the ways in which these frameworks adapt to modern challenges such as climate change, digitalisation, an ageing population and the effects of pandemics.
Book Synopsis Comparative Property Law by : Michele Graziadei
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Book Synopsis The Common Law of Intellectual Property by : Catherine Ng
Download or read book The Common Law of Intellectual Property written by Catherine Ng and published by Bloomsbury Publishing. This book was released on 2010-08-25 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law.
Book Synopsis Human Rights and Intellectual Property by : Laurence R. Helfer
Download or read book Human Rights and Intellectual Property written by Laurence R. Helfer and published by Cambridge University Press. This book was released on 2011-03-07 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the interface between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, creators and owners of intellectual property are asserting a human rights justification for the expansion of legal protections. This book explores the legal, institutional, and political implications of these competing claims: by offering a framework for exploring the connections and divergences between these subjects; by identifying the pathways along which jurisprudence, policy, and political discourse are likely to evolve; and by serving as an educational resource for scholars, activists, and students.
Book Synopsis European and National Property Law by : J. H. M. van Erp
Download or read book European and National Property Law written by J. H. M. van Erp and published by Europa Law Publishing. This book was released on 2006 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of The Walter van Gerven Lectures series examines the relationship between European and national property law. One of the pillars of the economic constitution of the EU is what might be called "freedom of property." It is, however, not really clear what is meant by "property" and "property rights" in a private law sense. How can property rights, or rights against the world, be defined at a European level? Under the surface of the differing rules, European property law systems seem to share several leading policies and principles, yet existing differences should not be ignored. A search for common policies, principles, concepts, and rules is badly needed. The lecture documented in this book provides research, examining problem areas and presenting suggestions.
Book Synopsis The Future of Secured Credit in Europe by : Horst Eidenmüller
Download or read book The Future of Secured Credit in Europe written by Horst Eidenmüller and published by Walter de Gruyter. This book was released on 2012-07-12 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the reports and discussions presented at the conference "The Future of Secured Credit in Europe" in Munich from July 12th to July 14th, 2007. It aims at taking the debate to a new stage by exploring the need and possible avenues for creating a European law of security interests. The first part examines – from an economic and a community law perspective – the case for European lawmaking on secured credit and the legislative approach to be taken. The intention in the second and third part is to look in more detail at the choices European lawmakers will have to make in devising a European law of secured credit. The second part focuses on secured transactions involving corporeal movables (tangibles), whereas the third part considers categories of collateral that may require special rules.
Book Synopsis The Psychology of Property Law by : Stephanie M. Stern
Download or read book The Psychology of Property Law written by Stephanie M. Stern and published by NYU Press. This book was released on 2020-02-25 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considers how research in psychology offers new perspectives on property law, and suggests avenues of reform Property law governs the acquisition, use and transfer of resources. It resolves competing claims to property, provides legal rules for transactions, affords protection to property from interference by the state, and determines remedies for injury to property rights. In seeking to accomplish these goals, the law of property is concerned with human cognition and behavior. How do we allocate property, both initially and over time, and what factors determine the perceived fairness of those distributions? What social and psychological forces underlie determinations that certain uses of property are reasonable? What remedies do property owners prefer? The Psychology of Property Law explains how assumptions about human judgement, decision-making and behavior have shaped different property rules and examines to what extent these assumptions are supported by the research. Employing key findings from psychology, the book considers whether property law’s goals could be achieved more successfully with different rules. In addition, the book highlights property laws and conflicts that offer productive areas for further behaviorally-informed research. The book critically addresses several topics from property law for which psychology has a great deal to contribute. These include ownership and possession, legal protections for residential and personal property, takings of property by the state, redistribution through property law, real estate transactions, discrimination in housing and land use, and remedies for injury to property.
Book Synopsis Comparative Principles of the Laws of England and Scotland by : John William Brodie-Innes
Download or read book Comparative Principles of the Laws of England and Scotland written by John William Brodie-Innes and published by . This book was released on 1903 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Book Synopsis Property and Trust Law in Lithuania by : Andrius Smaliukas
Download or read book Property and Trust Law in Lithuania written by Andrius Smaliukas and published by Kluwer Law International B.V.. This book was released on 2021-09-20 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
