German National Reports on the 19th International Congress of Comparative Law

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Publisher :
ISBN 13 : 9783161534836
Total Pages : 0 pages
Book Rating : 4.5/5 (348 download)

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Book Synopsis German National Reports on the 19th International Congress of Comparative Law by : Martin Schmidt-Kessel

Download or read book German National Reports on the 19th International Congress of Comparative Law written by Martin Schmidt-Kessel and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Congress of Comparative Law, organised by the International Academy of Comparative Law, took place in Vienna from 20th to 26th July 2014. A number of different legal topics were discussed, such as: comparative law and unification of laws, legal education, private international law, environmental law, intellectual property, labour law, public international law, tax law and constitutional law. The reports written by the national commentators on their various fields are based on the questionnaires set out by the general reporting secretaries, who are experts in their own fields. Most of the German reports are published in this book.

General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

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Publisher : Springer
ISBN 13 : 940241066X
Total Pages : 623 pages
Book Rating : 4.4/5 (24 download)

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Book Synopsis General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé by : Martin Schauer

Download or read book General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé written by Martin Schauer and published by Springer. This book was released on 2017-06-01 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues. The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

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Publisher : Springer Science & Business Media
ISBN 13 : 9400723539
Total Pages : 699 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé by : Karen B. Brown

Download or read book General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé written by Karen B. Brown and published by Springer Science & Business Media. This book was released on 2011-12-30 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.

General Reports of the XVIIth Congress of the International Academy of Comparative Law

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Publisher : Eleven International Publishing
ISBN 13 : 9077596194
Total Pages : 1057 pages
Book Rating : 4.0/5 (775 download)

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Book Synopsis General Reports of the XVIIth Congress of the International Academy of Comparative Law by : Katharina Boele-Woelki

Download or read book General Reports of the XVIIth Congress of the International Academy of Comparative Law written by Katharina Boele-Woelki and published by Eleven International Publishing. This book was released on 2007 with total page 1057 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.

Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982

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Publisher : Springer Science & Business Media
ISBN 13 : 9401744432
Total Pages : 445 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 by : H. D'Oliveira

Download or read book Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 written by H. D'Oliveira and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last year I addressed the Netherlands Comparative Law Asso ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na tional committees and general reporters of some fifteen coun tries.

Good Administration and the Council of Europe

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Publisher : Oxford University Press
ISBN 13 : 0192605941
Total Pages : 912 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Good Administration and the Council of Europe by : Ulrich Stelkens

Download or read book Good Administration and the Council of Europe written by Ulrich Stelkens and published by Oxford University Press. This book was released on 2020-09-11 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: Good Administration and the Council of Europe: Law, Principles, and Effectiveness examines the existence and effectiveness of written and unwritten standards of good administration developed within the framework of the Council of Europe (CoE) and in the case law of the European Court of Human Rights. These standards - called 'pan- European general principles of good administration' - cover the entire range of general organizational, procedural, and substantive legal institutions meant to ensure a democratically legitimized, open, and transparent administration respecting the rule of law. They are about the 'limiting function' of administrative law: its function to protect individuals from arbitrary power, to legitimize administrative action, and to combat corruption. This book analyses the sources and functions of the pan-European general principles of good administration and seeks to uncover how deeply they are rooted in the domestic legal systems of the CoE Member States. It comprises 28 country reports dedicated to an in-depth exploration of the impact of these standards on the national legal systems of the Member States written by respective experts on these systems. It argues that the pan-European general principles of good administration lead to a certain harmonization of the legal orders of the Member States with regard to the limiting function of administrative law despite the many fundamental differences between their administrative and legal systems. It comes to the further conclusion that the pan-European general principles of good administration can be considered as a concretization of the founding values of the CoE and describes the 'administrative law obligations' a Member State entered into when joining the CoE.

International Encyclopedia of Comparative Law, Instalment 16

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024730117
Total Pages : 118 pages
Book Rating : 4.7/5 (31 download)

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Book Synopsis International Encyclopedia of Comparative Law, Instalment 16 by : K. Zweigert

Download or read book International Encyclopedia of Comparative Law, Instalment 16 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1982-03-01 with total page 118 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

Cases, Materials and Text on Judicial Review of Administrative Action

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509921486
Total Pages : 1031 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Cases, Materials and Text on Judicial Review of Administrative Action by : Chris Backes

Download or read book Cases, Materials and Text on Judicial Review of Administrative Action written by Chris Backes and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

European Family Law Volume II

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785363034
Total Pages : 417 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis European Family Law Volume II by : Jens M. Scherpe

Download or read book European Family Law Volume II written by Jens M. Scherpe and published by Edward Elgar Publishing. This book was released on 2016-01-29 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.

Judicial review in comparative law

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Publisher : Ediciones Olejnik
ISBN 13 : 956392973X
Total Pages : 442 pages
Book Rating : 4.5/5 (639 download)

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Book Synopsis Judicial review in comparative law by : Allan R. Brewer Carias

Download or read book Judicial review in comparative law written by Allan R. Brewer Carias and published by Ediciones Olejnik. This book was released on 2023-11-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: "All over the world, in all democratic States, independently of having a legal system based on the common law or on the civil law principles, the courts – special constitutional courts, supreme courts or ordinary courts – have the power to decide and declare the unconstitutionality of legislation or of other State acts when a particular statute violates the text of the Constitution or of its constitutional principles. This power of the courts is the consequence of the consolidation in contem-porary constitutionalism of three fundamental principles of law: first, the existence of a written or unwritten constitution or of a fundamental law, conceived as a superior law with clear supremacy over all other statutes; second, the “rigid” character of such constitution or fundamental law, which implies that the amendments or reforms that may be introduced can only be put into practice by means of a particular and special constituent or legislative process, preventing the ordinary legislator from doing so; and third, the establishment in that same written or unwritten and rigid constitution or fundamental law, of the judicial means for guaranteeing its supremacy, over all other state acts, including legislative acts. Accordingly, in democratic systems subjected to such principles, the courts have the power to refuse to enforce a statute when deemed to be contrary to the Constitu-tion, considering it null or void, through what is known as the diffuse system of judicial review; and in many cases, they even have the power to annul the said unconstitutional law, through what is known as the concentrated system of judicial review. The former, is the system created more than two hundred years ago by the Supreme Court of the United States, and that so deeply characterizes the North American Constitutional system. The latter system, has been adopted in consti-tutional systems in which the judicial power of judicial review has been generally assigned to the Supreme Court or to one special Constitutional Court, as is the case, for example, of many countries in Europe and in Latin America. This concentrated system of judicial review, although established in many Latin American countries since the 19th century, was only effectively developed particularly in the world after World War II following the studies of Hans Kelsen. Of course, during the past thirty years many changes have occurred in the world on these matters of Judicial Review, in particularly in Europe and specifically in the United Kingdom, where these Lectures were delivered. Nonetheless, I have decided to publish them hereto in its integrality, as they were: the written work of a law professor made as a consequence of his research for the preparation of his lectures, not pretending to be anything else, but the academic testimony of the state of the subject of judicial review in the world in 1985-1986". Allan R. Brewer–Carías.

Damages for Violations of Human Rights

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Publisher : Springer
ISBN 13 : 3319189506
Total Pages : 488 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Damages for Violations of Human Rights by : Ewa Bagińska

Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Judicial Cosmopolitanism

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Publisher : BRILL
ISBN 13 : 9004297596
Total Pages : 915 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Judicial Cosmopolitanism by : Giuseppe Franco Ferrari

Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia. The individual contributions highlight the ways in which the use of foreign law is carried out by the individual courts and the path that led the various Courts to recognize the relevance, for the purpose of the decision, to foreign law. The authors try to highlight reasons and types of the more and more frequent circulation of foreign precedents in the case law of most high courts. At the same time, they show the importance of this practice in the so-called neo constitutionalism.

The Rights of the Child in a Changing World

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Publisher : Springer
ISBN 13 : 3319231898
Total Pages : 422 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Rights of the Child in a Changing World by : Olga Cvejić Jančić

Download or read book The Rights of the Child in a Changing World written by Olga Cvejić Jančić and published by Springer. This book was released on 2015-11-17 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.

Fiscal Rules - Limits on Governmental Deficits and Debt

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Publisher : Springer
ISBN 13 : 3319412051
Total Pages : 358 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Fiscal Rules - Limits on Governmental Deficits and Debt by : Fred L. Morrison

Download or read book Fiscal Rules - Limits on Governmental Deficits and Debt written by Fred L. Morrison and published by Springer. This book was released on 2016-08-11 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal limitations on government deficit and debt and its impact on the ability of nations to provide services to their residents. It studies constitutional and statutory limitations, as well as those imposed by international treaties and other instruments, including those of both the European Union and the International Monetary Fund. The book contains a general report examining the fiscal rules that govern the budgets and expenditures of nation states. The general report is followed by a special report which covers the limits imposed by the European Union and by the smaller group of countries constituting the Eurozone. Ten national reports, describing the limits in their respective countries, form the basis of the general report. These countries include eight members of the European Union (five of which use the Euro and three of which do not), one other European state and one non-European state. The reports include two countries in which constitutional “debt brakes” limit national deficit and debt.

Comparative Law

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Publisher : Cambridge University Press
ISBN 13 : 113995217X
Total Pages : 437 pages
Book Rating : 4.1/5 (399 download)

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Book Synopsis Comparative Law by : Mathias Siems

Download or read book Comparative Law written by Mathias Siems and published by Cambridge University Press. This book was released on 2014-06-05 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fresh contextualised and cosmopolitan perspective on comparative law for both students and scholars. It critically discusses established approaches to comparative law, but also presents more modern ones, such as socio-legal and numerical comparative law. Its contextualised approach draws on examples from politics, economics and development studies to provide an original contribution to topics of comparative law.

General Principles of European Private International Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041159649
Total Pages : 415 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Principles of European Private International Law by : Stefan Leible

Download or read book General Principles of European Private International Law written by Stefan Leible and published by Kluwer Law International B.V.. This book was released on 2016-02-22 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.

Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990

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Author :
Publisher : Mohr Siebeck
ISBN 13 : 9783161458552
Total Pages : 340 pages
Book Rating : 4.4/5 (585 download)

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Book Synopsis Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990 by : Ian F. Fletcher

Download or read book Cross-border Insolvency : National and Comparative Studies : Reports Delivered at the XIII International Congress of Comparative Law, Montreal, 1990 written by Ian F. Fletcher and published by Mohr Siebeck. This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reports primarily in English, some in French or Spanish.