General Principles of EU Civil Law

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Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681764
Total Pages : 244 pages
Book Rating : 4.6/5 (817 download)

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Book Synopsis General Principles of EU Civil Law by : Norbert Reich

Download or read book General Principles of EU Civil Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.

Rules and Principles in European Contract Law

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Publisher : Intersentia
ISBN 13 : 9781780682570
Total Pages : 172 pages
Book Rating : 4.6/5 (825 download)

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Book Synopsis Rules and Principles in European Contract Law by : Jacobien Rutgers

Download or read book Rules and Principles in European Contract Law written by Jacobien Rutgers and published by Intersentia. This book was released on 2015-03-01 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]

General Principles of Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509910697
Total Pages : 431 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis General Principles of Law by : Stefan Vogenauer

Download or read book General Principles of Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2017-06-15 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

Principles, Definitions and Model Rules of European Private Law

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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.

Research Handbook on General Principles in EU Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784712388
Total Pages : 656 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on General Principles in EU Law by : Ziegler, Katja S.

Download or read book Research Handbook on General Principles in EU Law written by Ziegler, Katja S. and published by Edward Elgar Publishing. This book was released on 2022-04-22 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.

The Law of the European Union and the European Communities

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1456 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

East African Community Law

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Publisher : BRILL
ISBN 13 : 9004322078
Total Pages : 553 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis East African Community Law by : Emmanuel Ugirashebuja

Download or read book East African Community Law written by Emmanuel Ugirashebuja and published by BRILL. This book was released on 2017-03-06 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: East African Community Law provides a comprehensive and open-access text book on EAC law. Written by leading experts, including the president of the EACJ, national judges, academics and practitioners, it provides the most complete overview to date of this increasingly important field. Uniquely, the book also provides a systematic comparison with EU law. EU companion chapters provide concise overviews of EU law and its development, offering valuable inspiration for the application and further development of EAC law. The book has been written for all practitioners, judges, civil servants, academics and students faced with questions of EAC law. It discusses institutional, substantive and jurisdictional issues, including the nature of EAC law, free movement and competition law as well as the reception of EAC law in Partner States.

General Principles of EU Law and the EU Digital Order

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403512253
Total Pages : 685 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis General Principles of EU Law and the EU Digital Order by : Ulf Bernitz

Download or read book General Principles of EU Law and the EU Digital Order written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 685 pages. Available in PDF, EPUB and Kindle. Book excerpt: Digitalization of societies has important ramifications for citizens and businesses. The digital landscape is rapidly changing, whereas at the same time there are growing concerns about how market access in the EU’s digital market as well as fundamental rights can be sufficiently safeguarded in the shadow of ‘big data’ and algorithms. This timely and important book presents expert analyses of how digitalization raises questions of the future role for general principles of European Union (EU) law, including the foundational principles of the EU’s fundamental economic freedoms and EU competition rules. Examining a number of issues revolving around the internal market, the digital single market, competition law, intellectual property, data protection, democracy and the rule of law, the contributors provide deeply informed insights of the challenges as to: effects of the technological disruption on the doctrine of general principles; the resilience of general principles in the digital society; the need to rely on new general principles in the digital society; the realization of the digital single market; the safeguarding of fundamental rights and the rule of law. The contributors are highly esteemed scholars from major European universities. A common theme is the need for judicial evolution of EU fundamental rights law in the digital era, alongside penetrating analyses of recent Court of Justice of the European Union case law on the impact of digitalization. Dealing as it does with an area of European law of particular complexity and rapidly growing importance, the anthology provides insights and knowledge about the ways in which digitalization is rapidly changing EU law. Are general principles of EU law as developed in an ‘analogue world’ sufficiently resilient to withstand the rapid and often disruptive developments taking place in the digital marketplace? The fresh look at the concept of ‘general principles’ taken by the various contributors helps to clarify the actual application in EU law in areas related to the ongoing digitalization of our society. It will be greatly appreciated by practitioners, policymakers and academics active in any of the many fields of law affected by the digital revolution.

General Principles of EU Law and European Private Law

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Publisher :
ISBN 13 : 9789041146830
Total Pages : 0 pages
Book Rating : 4.1/5 (468 download)

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Book Synopsis General Principles of EU Law and European Private Law by : Ulf Bernitz

Download or read book General Principles of EU Law and European Private Law written by Ulf Bernitz and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects the continuous relevance and the need to re-examine the effects and the status of General Principles of EU law, which have been dealt with already twice before (in 1999 and 2007) by the group that has compiled the present volume, the Swedish Network for European Legal Studies. The discussion that emerges is, here as before, of immense significance both for theoretical legal studies and for legal practice. The eighteen essays here printed are all final author-edited versions of papers first presented at the Network’s conference in Stockholm in November 2012. The authors include both eminent, well-known experts, and representatives of a new generation of younger scholars in the field. For the many parties involved in the volution of the European project from a legal perspective, this book will serve as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come. -- Publisher.

General Principles of EU Law and the Protection of Fundamental Rights

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Publisher : Edward Elgar Publishing
ISBN 13 : 1786439433
Total Pages : 209 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis General Principles of EU Law and the Protection of Fundamental Rights by : Chiara Amalfitano

Download or read book General Principles of EU Law and the Protection of Fundamental Rights written by Chiara Amalfitano and published by Edward Elgar Publishing. This book was released on with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.

The General Principles of EU Law

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Publisher :
ISBN 13 :
Total Pages : 591 pages
Book Rating : 4.:/5 (475 download)

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Book Synopsis The General Principles of EU Law by : Takis Tridimas

Download or read book The General Principles of EU Law written by Takis Tridimas and published by . This book was released on 2006 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The General Principles of EU Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199227686
Total Pages : 591 pages
Book Rating : 4.2/5 (276 download)

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Book Synopsis The General Principles of EU Law by : Takis Tridimas

Download or read book The General Principles of EU Law written by Takis Tridimas and published by Oxford University Press, USA. This book was released on 2007 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed and systematic account of the general principles of law as applied by the European Court of Justice and the Court of First Instance.

General Principles of Community Law

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Publisher : ISBS
ISBN 13 : 9789076871677
Total Pages : 508 pages
Book Rating : 4.8/5 (716 download)

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Book Synopsis General Principles of Community Law by : Xavier Groussot

Download or read book General Principles of Community Law written by Xavier Groussot and published by ISBS. This book was released on 2006 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1.General principles and the domestic law - 2.General principles and international law - 3.General principles taking individual rights seriously - 4.Administrative principles and fundamental rights - 5.Procedural principles as justice and citizen rights - 6.Judicial review of the member states actions through the use of general principles - 7.Impact of the general principles in UK public law - 8.Impact of the general principles in French public law - 9.Impact of the general principles in Swedish public law - 10.Towards a jus commune europaeum.

The Principles of European Contract Law, Parts I - III Student Edition

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Publisher : Kluwer Law International
ISBN 13 : 9789403512754
Total Pages : 938 pages
Book Rating : 4.5/5 (127 download)

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Book Synopsis The Principles of European Contract Law, Parts I - III Student Edition by : Ole Lando

Download or read book The Principles of European Contract Law, Parts I - III Student Edition written by Ole Lando and published by Kluwer Law International. This book was released on 2019-03-28 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Principles of European Contract Law provides the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. The Principles 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 organisations. 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. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested."

General Principles of EC Law in a Process of Development

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041145095
Total Pages : 480 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Principles of EC Law in a Process of Development by : Ulf Bernitz

Download or read book General Principles of EC Law in a Process of Development written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2008-05-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malmö, this book is entirely new. It underscores the importance of discovering the emergence of new general principles—linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship—as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.

Handbook on European data protection law

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Author :
Publisher : Council of Europe
ISBN 13 : 9287198497
Total Pages : 402 pages
Book Rating : 4.2/5 (871 download)

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Book Synopsis Handbook on European data protection law by : Council of Europe

Download or read book Handbook on European data protection law written by Council of Europe and published by Council of Europe. This book was released on 2018-04-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.

European Law and National Private Law

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Publisher :
ISBN 13 : 9781780683850
Total Pages : 0 pages
Book Rating : 4.6/5 (838 download)

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Book Synopsis European Law and National Private Law by : A. S. Hartkamp

Download or read book European Law and National Private Law written by A. S. Hartkamp and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.