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Kommentar Zu Art 23 31 Or
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Book Synopsis Mistake, Fraud and Duties to Inform in European Contract Law by : Ruth Sefton-Green
Download or read book Mistake, Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.
Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner
Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Book Synopsis Cicero's Knowledge of the Peripatos by : William Fortenbaugh
Download or read book Cicero's Knowledge of the Peripatos written by William Fortenbaugh and published by Routledge. This book was released on 2020-03-25 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cicero is best known for his political speeches. His Catilinarian orations are regularly studied in third or fourth year Latin; his self-proclaimed role as savior of the Republic is much discussed in courses on Roman history. But, however fascinating such material may be, there is another side to Cicero which is equally important and only now receiving the attention it deserves. This is Cicero's interest in Hellenistic thought. As a young man he studied philosophy in Greece; throughout his life he maintained a keen interest in intellectual history; and during periods of political inactivity - especially in his last years as the Republic collapsed - he wrote treatises that today are invaluable sources for our knowledge of Hellenistic philosophy, including the School of Aristotle. The essays collected in this volume deal with these treatises and in particular with Cicero's knowledge of Peripatetic philosophy. They ask such questions as: Did Cicero-know Aristotle first hand, or was the corpus Aristotelicum unavailable to him and his contemporaries? Did Cicero have access to the writings of Theophrastus, and in general did he know the post-Aristotelians whose works are all but lost to us? When Cicero reports the views of early philosophers, is he a reliable witness, and is he conveying important information? These and other fundamental questions are asked with special reference to traditional areas of Greek thought: logic and rhetoric, politics and ethics, physics, psychology, and theology. The answers are various, but the overall impression is clear: Cicero himself was a highly intelligent, well educated Roman, whose treatises contain significant material. Scholars working on Peripatetic thought and on the Hellenistic period as a whole cannot afford to ignore them. This fourth volume in the Rutgers University Studies in Classic Humanities series deals with Cicero, orator and writer of the late Roman Republic. Interest in Cicero arose out of Project Theophrastus, an international undertaking based at Rutgers dedicated to collecting, editing, and translating the fragments of Theophrastus. This collection will be of value to philologists, classicists, philosophers, as well as those interested in the history of science.
Book Synopsis The Recovery of Maintenance in the EU and Worldwide by : Paul Beaumont
Download or read book The Recovery of Maintenance in the EU and Worldwide written by Paul Beaumont and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.
Book Synopsis The Sale of Misattributed Artworks and Antiques at Auction by : Anne Laure Bandle
Download or read book The Sale of Misattributed Artworks and Antiques at Auction written by Anne Laure Bandle and published by Edward Elgar Publishing. This book was released on 2016-10-28 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The glamour and mystery of the art auction, gathering interested buyers from across the globe, makes it one of the most fascinating marketplaces in existence. ‘Sleepers’, artworks or antiques that have been undervalued and mislabelled due to an expert’s oversight and consequently undersold, appear regularly. This fascinating new book provides the first extensive study of the phenomenon of sleepers through an in-depth analysis of the contractual relationships, liability and remedies that arise in the context of auction sales.
Book Synopsis Brussels I Regulation by : Ulrich Magnus
Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Book Synopsis Fixing the Euro Within the National Constitutional Guardrails by : Frederik Behre
Download or read book Fixing the Euro Within the National Constitutional Guardrails written by Frederik Behre and published by Kluwer Law International B.V.. This book was released on 2023-07-14 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU fiscal integration is indispensable to establishing a stable single currency in the long run. However, this integration is proving ever more difficult in light of increasing national constitutional opposition. The author of this groundbreaking book shows that this dilemma between EU fiscal integration and national constitutional limits can be refuted. He provides a structured, comparative overview and outlook on how the available national constitutional space can be adapted to the political aspirations aiming at implementing EU fiscal integration steps while at the same time effectively protecting the national constitutional values at stake. Beginning with a macro-comparative assessment of Finland and Germany – two countries which have comprehensively dealt with Eurocrisis-issues in largely contrasting constitutional ways – and continuing with a comparative assessment of the specific French, German, Polish, and Spanish constitutional (identity) limits, EU fiscal integration steps are tested against the charted national constitutional space to determine their attainability. The resulting overview identifies best practices that can be employed to locate constitutional space for EU fiscal integration while enhancing the protection of core constitutional principles. The analysis addresses such specific areas as the following: constitutional red-line limits vs. flexible or mutable constitutional approaches to EU fiscal integration; strict constitutional identity limits that formulate obstacles to the attainment of EU fiscal integration; how national constitutional authorities perceive and portray the EU in their respective approaches; integration measures as an increase in the impact of sovereign powers vs. loss of autonomous decision-making; application of national constitutional frameworks during the Eurocrisis; ex ante constitutional review and ex post judicial scrutiny in representative Member States; national budgetary responsibility and fiscal autonomy; emergency budgetary instruments; and funding options for fiscal integration. The analysis throughout highlights the important role EU integration plays in stabilizing core national constitutional values in light of such complex challenges as the COVID-19 pandemic, the current Russian war of aggression against Ukraine and the required common defence strategies, but also climate change and digitalization. In its innovative response to the urgent challenge of feasible EMU reforms to stabilize the euro, this book displays how national constitutional systems can address EU (fiscal) integration in a more flexible and yet more effective manner, how EU integration steps can engage with national constitutional concerns in a more structured manner, as well as specifically hownational parliaments can be integrated and play a decisive role even when budgetary and fiscal powers are conferred at the EU level, thereby identifying a future model for EU cooperation in politically important competence areas. It thus offers a constructive outlook on achievable fiscal integration steps which will prove of inestimable value to lawyers, judges, and policymakers at the national and EU levels.
Author :Alfonso-Luis Calvo Caravaca Publisher :sellier. european law publ. ISBN 13 :3935808321 Total Pages :881 pages Book Rating :4.9/5 (358 download)
Book Synopsis Brussels I Regulation by : Alfonso-Luis Calvo Caravaca
Download or read book Brussels I Regulation written by Alfonso-Luis Calvo Caravaca and published by sellier. european law publ.. This book was released on 2007 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title, part of the new European Commentaries on Private International Law series, is devoted to the Brussels I Regulation, dealing with jurisdiction and recognition of judgments in civil and commercial law matters. Contributors in the series include leading experts from almost all EU member states. The series initiates a new specific European style of commenting on European enactments merging the various, and thus far cross-national, methods of interpretation of legislative acts. Commentaries will pay tribute to the practice of the European Court of Justice and to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention.
Book Synopsis Proving Bribery, Fraud and Money Laundering in International Arbitration by : Kathrin Betz
Download or read book Proving Bribery, Fraud and Money Laundering in International Arbitration written by Kathrin Betz and published by Cambridge University Press. This book was released on 2017-08-31 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, arbitration has become the number one mechanism to settle international investment and commercial disputes. As a parallel development, the international legal framework to combat economic crime became much stronger within the fields of foreign public bribery, private bribery, fraud and money laundering. With frequent allegations of criminal conduct arising in international arbitration proceedings, it is crucially important to consider how such claims can be proven. This book analyses relevant case law involving alleged criminal conduct within international arbitration and addresses the most pressing issues regarding applicable criminal law and evidence. It is an essential resource for practising lawyers and academics active in the field of international investment and commercial arbitration.
Book Synopsis Rome Regulations by : Gralf-Peter Calliess
Download or read book Rome Regulations written by Gralf-Peter Calliess and published by Kluwer Law International B.V.. This book was released on 2020-08-10 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Book Synopsis EU Cross-Border Succession Law by : Bariatti, Stefania
Download or read book EU Cross-Border Succession Law written by Bariatti, Stefania and published by Edward Elgar Publishing. This book was released on 2022-06-10 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: With cross-border successions becoming increasingly common in the context of the European Union, this timely book offers a systematic practical analysis of how cross-border successions should be treated, including examination of which courts may establish jurisdiction over succession disputes and which law governs such disputes. Studying cross-border successions in the context of estate planning and in the opening and liquidation of a succession, it examines the specificities of the European Certificate of Succession, contextualising it within its interface with the national laws and practice of EU Member States.
Book Synopsis German Yearbook of International Law / Jahrbuch FüR Internationales Recht by : Jost Delbrück
Download or read book German Yearbook of International Law / Jahrbuch FüR Internationales Recht written by Jost Delbrück and published by Duncker & Humblot. This book was released on 1984-01-01 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsverzeichnis Inhalt: H.G. Petersmann, The Operations of the World Bank and the Evolution of its Institutional Functions since Bretton Woods (1944-84) - B. Vitanyi, La relative gratuité de l'utilisation des voies d'eau internationales, est-elle devenue une règle coutumière? - J.H. Wolfe, The Mississippi Boundary Case. The Role of International Law in Federal-State Relations - J. Fisch, The Falkland Islands in the European Treaty System 1493-1833 - E.D. Graue, Recognition and Enforcement of Foreign Security Interests under Domestic Conflict Rules - H. Meyrowitz, Le statut des.
Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell
Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.
Book Synopsis The Imperfect Union by : Peter E. Quint
Download or read book The Imperfect Union written by Peter E. Quint and published by Princeton University Press. This book was released on 2012-09-17 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-summer of 1989 the German Democratic Republic-- known as the GDR or East Germany--was an autocratic state led by an entrenched Communist Party. A loyal member of the Warsaw Pact, it was a counterpart of the Federal Republic of Germany (West Germany), which it confronted with a mixture of hostility and grudging accommodation across the divide created by the Cold War. Over the following year and a half, dramatic changes occurred in the political system of East Germany and culminated in the GDR's "accession" to the Federal Republic itself. Yet the end of Germany's division evoked its own new and very bitter constitutional problems. The Imperfect Union discusses these issues and shows that they are at the core of a great event of political, economic, and social history. Part I analyzes the constitutional history of eastern Germany from 1945 through the constitutional changes of 1989-1990 and beyond to the constitutions of the re-created east German states. Part II analyzes the Unification Treaty and the numerous problems arising from it: the fate of expropriated property on unification; the unification of the disparate eastern and western abortion regimes; the transformation of East German institutions, such as the civil service, the universities, and the judiciary; prosecution of former GDR leaders and officials; the "rehabilitation" and compensation of GDR victims; and the issues raised by the fateful legacy of the files of the East German secret police. Part III examines the external aspects of unification.
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.
Author :Adithya Variath Publisher :Centre for Research in Air and Space Law, MNLU Mumbai ISBN 13 : Total Pages :131 pages Book Rating :4./5 ( download)
Book Synopsis Indian Review of Air and Space Law by : Adithya Variath
Download or read book Indian Review of Air and Space Law written by Adithya Variath and published by Centre for Research in Air and Space Law, MNLU Mumbai . This book was released on 2023-10-08 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indian Review of Air and Space Law published by the Centre for Research in Air and Space Law at Maharashtra National Law University Mumbai aims to provide a unique forum for practitioners, regulators, policymakers and academics who deal with international, regional and national aviation and space law and policy. It is an academically led peer-reviewed academic review that aims to publish high-quality scholarship on air and space law spanning all areas including comparative, international and multidisciplinary perspectives.
Book Synopsis Vienna Convention on the Law of Treaties by : Oliver Dörr
Download or read book Vienna Convention on the Law of Treaties written by Oliver Dörr and published by Springer Science & Business Media. This book was released on 2011-11-22 with total page 1414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commentary on the Vienna Convention on the Law of Treaties provides an in-depth article-by-article analysis of all provisions of the Vienna Convention. The texts are uniformly structured: (I) Purpose and Function of the Article, (II) Historical Background and Negotiating History, and (III) Elements of the Article. The Vienna Convention on Treaties between States and IOs and between IOs is taken into account where appropriate. In sum, the present Commentary contains a comprehensive legal analysis of all aspects of the international law of treaties. Where the law of treaties reaches into other fields of international law, e.g. the law of state responsibility, the relevant interfaces are discussed and contextualized. With its focus on international practice, the Commentary is addressed to academia, as well as to practitioners of international law.
