La Responsabilite Fondee Sur La Confiance

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Essential Cases on Damage

Author : Benedict Winiger
Publisher : Walter de Gruyter
ISBN 13 : 3110248492
Total Pages : 1218 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Essential Cases on Damage by : Benedict Winiger

Download or read book Essential Cases on Damage written by Benedict Winiger and published by Walter de Gruyter. This book was released on 2011-11-30 with total page 1218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.

Reforming the French Law of Obligations

Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317219
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Reforming the French Law of Obligations by : John Cartwright

Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.

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

Author : Katharina Boele-Woelki
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.

Essential Cases on Misconduct

Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1316 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Essential Cases on Misconduct by : Benedict Winiger

Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.

Unification of Tort Law

Author : W. H. van Boom
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112098X
Total Pages : 430 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Unification of Tort Law by : W. H. van Boom

Download or read book Unification of Tort Law written by W. H. van Boom and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries, Israel, South Africa, and the United States.

Judicial Cosmopolitanism

Author : Giuseppe Franco Ferrari
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.

Comparative Tort Law

Author : Thomas Kadner Kadner-Graziano
Publisher : Routledge
ISBN 13 : 135134062X
Total Pages : 807 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Comparative Tort Law by : Thomas Kadner Kadner-Graziano

Download or read book Comparative Tort Law written by Thomas Kadner Kadner-Graziano and published by Routledge. This book was released on 2018-03-20 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Tort Law promotes a ‘learning by doing’ approach to comparative tort law and comparative methodology. Each chapter starts with a case scenario followed by questions and expertly selected material, such as: legislation, extracts of case law, soft law principles, and (where appropriate) extracts of legal doctrine. Using this material, students are invited to: • solve the proposed scenario according to the laws of several jurisdictions; • compare the approaches and solutions they have identified; • evaluate their respective pros and cons; and • reflect upon the most appropriate approach and solution. This book is essential reading for all students and scholars of comparative tort law and comparative law methodology and is the ideal companion for those wishing to both familiarise themselves with real-world materials and understand the many diverse approaches to modern tort law.

Precontractual Liability in European Private Law

Author : John Cartwright
Publisher : Cambridge University Press
ISBN 13 : 0521516013
Total Pages : 537 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Precontractual Liability in European Private Law by : John Cartwright

Download or read book Precontractual Liability in European Private Law written by John Cartwright and published by Cambridge University Press. This book was released on 2008 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

The Law of Payment Services in the EU

Author : Despina Mavromati
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127003
Total Pages : 335 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of Payment Services in the EU by : Despina Mavromati

Download or read book The Law of Payment Services in the EU written by Despina Mavromati and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The role that payments play within the general framework of financial services in the EC is indispensable for the realization of a true single European market including, inter alia, the conditions of cross-border purchasing, the legal framework of consumer protection, and the technical standards against fraud in payment systems. The Commission's New Legal Framework for payment services in the internal market - as evidenced by the EC Payment Services Directive (PSD) - represents an important step towards the completion of an initiative for a Single Euro Payments Area and, more broadly, EU-wide.

Swiss Contract Law in International Commercial Arbitration

Author : Christoph Müller
Publisher : Cambridge University Press
ISBN 13 : 1108381812
Total Pages : 822 pages
Book Rating : 4.1/5 (83 download)

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Book Synopsis Swiss Contract Law in International Commercial Arbitration by : Christoph Müller

Download or read book Swiss Contract Law in International Commercial Arbitration written by Christoph Müller and published by Cambridge University Press. This book was released on 2023-06-30 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.

International Arbitration: Law and Practice in Switzerland

Author : Gabrielle Kaufmann-Kohler
Publisher : Oxford University Press
ISBN 13 : 0191669199
Total Pages : 732 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis International Arbitration: Law and Practice in Switzerland by : Gabrielle Kaufmann-Kohler

Download or read book International Arbitration: Law and Practice in Switzerland written by Gabrielle Kaufmann-Kohler and published by Oxford University Press. This book was released on 2015-10-22 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book expounds the theory of international arbitration law. It explains in easily accessible terms all the fundamentals of arbitration, from separability of the arbitration agreement to competence-competence over procedural autonomy, finality of the award, and many other concepts. It does so with a focus on international arbitration law and jurisprudence in Switzerland, a global leader in the field. With a broader reach than a commentary of Chapter 12 of the Swiss Private International Law Act, the discussion contains numerous references to comparative law and its developments in addition to an extensive review of the practice of international tribunals. Written by two well-known specialists - Professor Kaufmann-Kohler being one of the leading arbitrators worldwide and Professor Rigozzi one of the foremost experts in sports arbitration - the work reflects many years of experience in managing arbitral proceedings involving commercial, investment, and sports disputes. This expertise is the basis for the solutions proposed to resolve the many practical issues that may arise in the course of an arbitration. It also informs the discussion of the arbitration rules addressed in the book, from the ICC Arbitration Rules to the Swiss Rules of International Arbitration, the CAS Code, and the UNCITRAL Rules. While the book covers commercial and sports arbitrations primarily, it also applies to investment arbitrations conducted under rules other than the ICSID framework.

L'évaluation de l'information : Confiance et défiance

Author : CAPET Philippe
Publisher : Lavoisier
ISBN 13 : 2746289288
Total Pages : 303 pages
Book Rating : 4.7/5 (462 download)

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Book Synopsis L'évaluation de l'information : Confiance et défiance by : CAPET Philippe

Download or read book L'évaluation de l'information : Confiance et défiance written by CAPET Philippe and published by Lavoisier. This book was released on 2013-05-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lors de la réception d’une information, nous ne restons jamais passifs : selon son origine et ses contenus, à partir de nos croyances et convictions personnelles, spontanément ou après réflexion, nous lui accordons une certaine confiance. Excessive, celle-ci témoigne d’une certaine naïveté, tandis qu’une défiance absolue confine à la paranoïa ; ces deux attitudes sont symétriquement préjudiciables à la bonne perception de cette information comme à son usage. Hors de ces deux situations extrêmes, chacun adopte généralement une position intermédiaire face à une information reçue, selon sa provenance et sa crédibilité. Encore faut-il comprendre et justifier comment ces jugements sont conçus, dans quel contexte et à quelle fin. À partir d’approches graduelles offertes par la philosophie, le renseignement militaire, l’algorithmie puis l’informatique, cet ouvrage présente les concepts de l’information et de la confiance qui lui est faite, les méthodes que les armées, premières conscientes du besoin, ont adoptées ou le devraient, les outils pour y aider, et les perspectives qu’ils ouvrent. Au-delà du contexte militaire, le livre dessine un schéma global de l’évaluation de l’information utilisable dans bien d’autres domaines tels que l’intelligence économique, et plus largement la veille informationnelle gouvernementale et d’entreprises.

Sports Law in Switzerland

Author : Lucien W. Valloni
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041195688
Total Pages : 94 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Sports Law in Switzerland by : Lucien W. Valloni

Download or read book Sports Law in Switzerland written by Lucien W. Valloni and published by Kluwer Law International B.V.. This book was released on 2018-02-28 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Switzerland deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policymakers access to sports law at this specific level. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Liability of Asset Managers

Author : Danny Busch
Publisher : OUP Oxford
ISBN 13 : 0191630977
Total Pages : 3328 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Liability of Asset Managers by : Danny Busch

Download or read book Liability of Asset Managers written by Danny Busch and published by OUP Oxford. This book was released on 2012-03-08 with total page 3328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe. The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.

Author :
Publisher : Odile Jacob
ISBN 13 : 2738179827
Total Pages : 289 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis by :

Download or read book written by and published by Odile Jacob. This book was released on with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt:

European Fashion Law

Author : Rosie Burbidge
Publisher : Edward Elgar Publishing
ISBN 13 : 1788113012
Total Pages : 363 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis European Fashion Law by : Rosie Burbidge

Download or read book European Fashion Law written by Rosie Burbidge and published by Edward Elgar Publishing. This book was released on with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Fashion Law: A Practical Guide from Start-up to Global Success provides an accessible guide to the legal issues associated with running a fashion business in Europe. This concise book follows the lifecycle of a fashion business from protecting initial designs through to global expansion. https://www.europeanfashionlaw.com/about-the-book

Rendre Et Gérer la Justice Au 21e Siècle

Author : Marco Fabri
Publisher : IOS Press
ISBN 13 : 9781586030629
Total Pages : 324 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Rendre Et Gérer la Justice Au 21e Siècle by : Marco Fabri

Download or read book Rendre Et Gérer la Justice Au 21e Siècle written by Marco Fabri and published by IOS Press. This book was released on 2000 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprises 21 papers grouped under five headings: Management and efficiency versus judicial values; Policy development in the justice systems; Changing positions of courts in society; Governance and change of courts and public prosecutors' offices; and Courts, public prosecuters offices and ICT.