Economic Analysis Of The Dcfr

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Economic Analysis of the DCFR

Author : Filomena Chirico
Publisher : Walter de Gruyter
ISBN 13 : 3866538553
Total Pages : 345 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Economic Analysis of the DCFR by : Filomena Chirico

Download or read book Economic Analysis of the DCFR written by Filomena Chirico and published by Walter de Gruyter. This book was released on 2010-03-12 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

The Common Frame of Reference

Author : Gerhard Wagner
Publisher : sellier. european law publ.
ISBN 13 : 3866531109
Total Pages : 289 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Common Frame of Reference by : Gerhard Wagner

Download or read book The Common Frame of Reference written by Gerhard Wagner and published by sellier. european law publ.. This book was released on 2009 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: Contract remedies from the incentive perspective. -- Remedies for breach of contract in the DCFR. -- Beyond expectation?- An assesment of the DCFR rule on contratual damages. -- The right to specific performance under the DCFR. -- Long-term contracts and the DCFR. Interpretation and adjustment. --Consumer law in the DCFR. -- Non-discrimination in the DCFR. -- The law of torts in the DCFR.

A Giant with Feet of Clay

Author : Filomena Chirico
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis A Giant with Feet of Clay by : Filomena Chirico

Download or read book A Giant with Feet of Clay written by Filomena Chirico and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one, contract law is not just about remedying market failures, it is fundamentally a basic condition for markets to exist at all. Moreover, law and economics analysis looks for Pareto-efficiency and total welfare, without taking distributional considerations into account. Part 2 summarizes the contributions of the EIG members: they dealt with general issues of contract law (function of contract law, good faith, non-discrimination), the formation and interpretation of contracts (including standard terms), contractual performance (choice of remedies, standard for the assessment of damages), termination (including long-term contracts), specific areas such as insurance and consumer law, as well as non-contractual liability (interplay between contract and tort law, limits to extra-contractual liability). Part 3 draws general conclusions from these contributions. As regards the first question before the EIG (desirability of harmonization at European level), the costs of harmonization have been downplayed, so that the case for harmonization has probably been exaggerated, certainly as regards areas such a non-contractual liability where the DCFR cannot simply be an optional regime. As regards the second question assessed by the EIG (appropriateness of the provisions chosen in the DCFR), the work of the EIG reveals shortcomings: among others, rules have been formulated without a complete assessment of their rationales and the ex ante impact of the DCFR has been ignored. The drafters of the DCFR could have derived more added value from an economic analysis of their work than they seemed to acknowledge. Accordingly, while the DCFR is a momentous work of scholarship, it rests on fragile foundations.

Principles, Definitions and Model Rules of European Private Law

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)

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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.

Law and Economics of Possession

Author : Yun-chien Chang
Publisher : Cambridge University Press
ISBN 13 : 1316033384
Total Pages : 365 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Law and Economics of Possession by : Yun-chien Chang

Download or read book Law and Economics of Possession written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2015-05-21 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.

Economic Analysis of Fermentation Processes

Author : Harold B. Reisman
Publisher : CRC Press
ISBN 13 : 0429557639
Total Pages : 314 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Economic Analysis of Fermentation Processes by : Harold B. Reisman

Download or read book Economic Analysis of Fermentation Processes written by Harold B. Reisman and published by CRC Press. This book was released on 2019-06-05 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published in 1988: It is the purpose of this book to outline and detail the many steps which are involved in bringing a fermentation product to market.

Economic Analysis of Oil and Gas Engineering Operations

Author : Hussein K. Abdel-Aal
Publisher : CRC Press
ISBN 13 : 1000346404
Total Pages : 385 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Economic Analysis of Oil and Gas Engineering Operations by : Hussein K. Abdel-Aal

Download or read book Economic Analysis of Oil and Gas Engineering Operations written by Hussein K. Abdel-Aal and published by CRC Press. This book was released on 2021-02-25 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engineers seek solutions to problems, and the economic viability of each potential solution is normally considered along with the technical merits. This is typically true for the petroleum sector, which includes the global processes of exploration, production, refining, and transportation. Decisions on an investment in any oil or gas field development are made on the basis of its value, which is judged by a combination of a number of economic indicators. Economic Analysis of Oil and Gas Engineering Operations focuses on economic treatment of petroleum engineering operations and serves as a helpful resource for making practical and profitable decisions in oil and gas field development. Reflects major changes over the past decade or so in the oil and gas industry Provides thorough coverage of the use of economic analysis techniques in decision-making in petroleum-related projects Features real-world cases and applications of economic analysis of various engineering problems encountered in petroleum operations Includes principles applicable to other engineering disciplines This work will be of value to practicing engineers and industry professionals, managers, and executives working in the petroleum industry who have the responsibility of planning and decision-making, as well as advanced students in petroleum and chemical engineering studying engineering economics, petroleum economics and policy, project evaluation, and plant design.

The Economic Analysis of Civil Law

Author : Schäfer, Hans-Bernd
Publisher : Edward Elgar Publishing
ISBN 13 : 0857935070
Total Pages : 648 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis The Economic Analysis of Civil Law by : Schäfer, Hans-Bernd

Download or read book The Economic Analysis of Civil Law written by Schäfer, Hans-Bernd and published by Edward Elgar Publishing. This book was released on 2022-01-25 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.

Economic Principles of Law

Author : Cento G. Veljanovski
Publisher : Cambridge University Press
ISBN 13 : 1139464892
Total Pages : 7 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Economic Principles of Law by : Cento G. Veljanovski

Download or read book Economic Principles of Law written by Cento G. Veljanovski and published by Cambridge University Press. This book was released on 2007-05-31 with total page 7 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

National Legal Systems and Globalization

Author : Pierre Larouche
Publisher : Springer Science & Business Media
ISBN 13 : 9067048852
Total Pages : 386 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis National Legal Systems and Globalization by : Pierre Larouche

Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 3650 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Private Law, Nudging and Behavioural Economic Analysis

Author : Antonios Karampatzos
Publisher : Routledge
ISBN 13 : 1000028178
Total Pages : 176 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Private Law, Nudging and Behavioural Economic Analysis by : Antonios Karampatzos

Download or read book Private Law, Nudging and Behavioural Economic Analysis written by Antonios Karampatzos and published by Routledge. This book was released on 2020-01-14 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering a fresh perspective on "nudging", this book uses legal paternalism to explore how legal systems may promote good policies without ignoring personal autonomy. It suggests that the dilemma between inefficient opt-in rules and autonomy restricting opt-out schemes fails to realistically capture the span of options available to the policy maker. There is a third path, namely the ‘mandated-choice model’. The book is mainly dedicated to presenting this model and exploring its great potential. Contract law, consumer protection, products safety and regulatory problems such as organ donation or excessive borrowing are the setting for the discussion. Familiarising the reader with a hot debate on paternalism, behavioural economics and private law, this book takes a further step and links this behavioural law and economics discussion with philosophical considerations to shed a light on modern challenges, such as organ donation or consumers protection, by adopting an openly interdisciplinary approach. The book will be of interest to students and scholars of contract law, legal systems, behavioural law and economics, and consumer law.

The Foundations of European Private Law

Author : Roger Brownsword
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317901
Total Pages : 499 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Foundations of European Private Law by : Roger Brownsword

Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

The Common European Sales Law in Context

Author : Gerhard Dannemann
Publisher : OUP Oxford
ISBN 13 : 0191668184
Total Pages : 1149 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Common European Sales Law in Context by : Gerhard Dannemann

Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

A Factual Assessment of the Draft Common Frame of Reference

Author : Luisa Anatoniolli
Publisher : Walter de Gruyter
ISBN 13 : 3866538693
Total Pages : 495 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis A Factual Assessment of the Draft Common Frame of Reference by : Luisa Anatoniolli

Download or read book A Factual Assessment of the Draft Common Frame of Reference written by Luisa Anatoniolli and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.

The Draft Common Frame of Reference

Author : Vincent Sagaert
Publisher :
ISBN 13 : 9789400002166
Total Pages : 0 pages
Book Rating : 4.0/5 (21 download)

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Book Synopsis The Draft Common Frame of Reference by : Vincent Sagaert

Download or read book The Draft Common Frame of Reference written by Vincent Sagaert and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is the result of more than 25 years of academic research on European private law. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in order to determine which parts of the DCFR will be included in a 'political' CFR. Against this background, this book presents and critically analyzes the DCFR and situates it in relation to current Belgian law. (Series: Ius Commune Europaeum - Vol. 99)

Principles of European Contract Law

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041113053
Total Pages : 612 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.