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La Sistematica Giuridica
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Book Synopsis The Cambridge Companion to Hugo Grotius by : Randall Lesaffer
Download or read book The Cambridge Companion to Hugo Grotius written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2021-09-16 with total page 659 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.
Book Synopsis Italian Journal of Sociology by : Augusto Bosco
Download or read book Italian Journal of Sociology written by Augusto Bosco and published by . This book was released on 1919 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Contract Before the Enlightenment by : Stephen Bogle
Download or read book Contract Before the Enlightenment written by Stephen Bogle and published by Oxford University Press. This book was released on 2023-03-08 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contract Before the Enlightenment represents a fresh investigation of what was then a ground-breaking approach to the law of contract written by James Dalrymple, Viscount Stair (1619-1695), lauded by some as the founding father of Scots law. As a judge and public figure, Stair was at the forefront of both political and legal developments in Scotland from the 1640s until he died in 1695. This study explores the development and reception of his ideas relating to the law of contract on the eve of the Scottish Enlightenment. It is here that Stair's legal legacy is most evident, and where the imprint of Calvinism, Aristotelianism, and Protestant natural law can be found within Scottish legal thought. In his legal treatise, the Institutions of Law of Scotland you find a sophisticated, innovative, and novel synthesis of Roman law with Stair's own Calvinist variant of a Protestant natural law theory. Yet it is also possible to find, once the theistic premises of Stair's natural law theory are dropped, the beginnings of a form of Scottish moral philosophy that rose to prominence in the eighteenth century. Undoubtedly, Stair is not only a key figure within Scottish legal history but also significant to how we understand the transition of Scottish intellectual life from the execution of Charles I to the emergence of the Scottish Enlightenment.
Book Synopsis Hugo Grotius As Apologist for the Christian Religion by : Jan Paul Heering
Download or read book Hugo Grotius As Apologist for the Christian Religion written by Jan Paul Heering and published by BRILL. This book was released on 2004 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study presents a new analysis of the historical meaning of Grotius' apologetic work. It means to answer two chief questions: what were Grotius' motives to write this work, and what sources did he use?
Book Synopsis Property, Piracy and Punishment by : Hans W. Blom
Download or read book Property, Piracy and Punishment written by Hans W. Blom and published by BRILL. This book was released on 2009 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains papers from a conference on De iure praedae, held in June 2005 at the Netherlands Institute for Advanced Study in the Humanities and Social Sciences.
Book Synopsis Histoire du droit savant (13e–18e siècle) by : Robert Feenstra
Download or read book Histoire du droit savant (13e–18e siècle) written by Robert Feenstra and published by Taylor & Francis. This book was released on 2023-07-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orléans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisième sélection d'articles de Robert Feenstra complète les deux précédentes; elle constitue la suite de ses études sur les doctrines de droit privé et sur des textes se rapportant à l'enseignement universitaire du XIIIe jusqu'au XVIIIe siècle. Dans la section consacrée au droit privé, quelques articles s'occupent en premier lieu du moyen âge, d'autres focalisent sur Hugo Grotius. La propriété est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalité juridique (notamment par rapport aux fondations) et de la responsabilité civile (y compris la responsabilité du fait d'autrui). Les études sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siècle. La première est consacrée à un professeur de droit civil peu connu de l'université d'Orléans et à son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traités appartenant à la "vulgarisation" du droit savant (droit romain et droit canonique au moye
Book Synopsis La doctrine canonique médiéval by : Jean Gaudemet
Download or read book La doctrine canonique médiéval written by Jean Gaudemet and published by Taylor & Francis. This book was released on 2024-10-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question these articles seek to respond to, in this fifth collection by Jean Gaudemet to be published by Variorum, is how the intellectual elite of the medieval Church perceived the institutions among which they lived - how they portrayed them, and how they sought to influence them. Whether dealing with the papacy and its place in the Church and the world, with the role of the people in government, or with the position of the individual in society, he would argue that this is the essential question. In their response, this elite drew on the Bible and custom, on Roman law and papal letters, in order that the law could encompass all human experience. To achieve this, these jurists needed to create categories and work out principles, hence the recourse to theology and the necessity for a logical structure, a ’systematization’. Ce volume réunit dix-sept études parues dans diverses revues ou recueils de Mélanges entre 1988 et 1992. Toutes concernent La doctrine canonique médiévale telle qu'elle s'exprime (principalement du VIè au XIIIè siècle) à propos des institutions de l'Eglise et de ses relations avec la société séculière. Comment l'élite intellectuelle des hommes de l'Eglise médiévale a-t-elle perçu les institutions au milieu desquelles elle vivait? Quelle image a-t-elle voulu en donner? Dans quelle voie espérait-elle les orienter? Qu'il s'agisse de la Papauté, de se place dans l'Eglise et dans le Monde, du rôle du Peuple dans le gouvernement, du sort de l'individu dans le group social, de l'entrée dans l'Eglise et de la condition de ceux qui lui restent étrangers, la question reste la même: Comment le droit peut-il saisir l'infinie variété de l'histoire des hommes?
Book Synopsis Roman Law in the State of Nature by : Benjamin Straumann
Download or read book Roman Law in the State of Nature written by Benjamin Straumann and published by Cambridge University Press. This book was released on 2015-02-12 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a new interpretation of the foundations of Hugo Grotius' highly influential doctrine of natural law and natural rights.
Book Synopsis Dizionario giuridico by : Francesco De Franchis
Download or read book Dizionario giuridico written by Francesco De Franchis and published by Giuffre. This book was released on 1984 with total page 1572 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Roots of International Law / Les fondements du droit international by :
Download or read book The Roots of International Law / Les fondements du droit international written by and published by Martinus Nijhoff Publishers. This book was released on 2013-11-29 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law. This volume questions and analyses the origins and foundations of the international legal system. A particular attention is devoted to Hugo Grotius as one of the founding fathers of the law of nations. Several contributions further question the positivist tradition initiated by Vattel and endorsed by scholars of the 19th Century. This immersion in the intellectual origins of international law is enriched by an inquiry into the practice of the law of nations, including its main patterns and changing evolution as well as the role of non-western traditions and the impact of colonization. Le présent ouvrage réunit les contributions de juristes internationaux reconnus en vue d’éclairer les multiples facettes de l’histoire du droit international public. L’ouvrage analyse et questionne les origines et les fondements de l’ordre juridique international. Une attention toute particulière est dédiée à Hugo Grotius l’un des pères fondateurs du droit international. D’autres contributions questionnent également la tradition positiviste initiée par Vattel et confortée par la doctrine du 19ème siècle. Cette immersion dans les origines doctrinales du système juridique international est enrichie par l’étude de la pratique du droit international public, son évolution ainsi que le rôle des traditions non-occidentales et l’impact de la colonisation.
Book Synopsis Legal Scholarship and Doctrines of Private Law, 13th-18th centuries by : Robert Feenstra
Download or read book Legal Scholarship and Doctrines of Private Law, 13th-18th centuries written by Robert Feenstra and published by Taylor & Francis. This book was released on 2024-10-28 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emphasis in this present volume of Professor Feenstra’s studies lies on the post-medieval development of legal scholarship. The opening two studies are concerned with the University of Orléans in the 13th-14th centuries, but from there the centre of interest shifts to the early modern Netherlands. Two important themes are the teaching of law, especially at the legal faculties of Leyden and Franeker, and the doctrines of private law (especially property, contract, and succession). The figure of Hugo Grotius, his sources and his influence, dominate these articles.
Book Synopsis Law, History, the Low Countries and Europe by : R. C. Caenegem
Download or read book Law, History, the Low Countries and Europe written by R. C. Caenegem and published by A&C Black. This book was released on 1994-07-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: R.C. Van Caenegem is the successor of Henri Pirenne and of F.L. Ganshof at the University of Ghent. These essays reflect Van Caenegem's main interests over his career: the Common Law in England and Customary Law in the Low Countries; the differences between institutional development in England and in the rest of Europe; and the forces making for autocratic as opposed to representative government. A number of pieces discuss the nature of history itself: how it compares with the sciences and what it can teach us. Two essays commemorate the lives and work of Pirenne and Ganshof.
Book Synopsis Rethinking EU VAT for P2P Distribution by : Cristina Trenta
Download or read book Rethinking EU VAT for P2P Distribution written by Cristina Trenta and published by Kluwer Law International B.V.. This book was released on 2015-09-24 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Peer-to-peer (P2P) networks – decentralized group structures allowing anyone to easily download and share resources online – already play a critical role in the distribution of digital content. Most of the debate on P2P heretofore has focused on copyright issues. However, as the basis for legitimate business models a number of companies have already quietly embraced, P2P has a largely unknown and underestimated impact on taxation, with vast repercussions on the development of mature, profitable markets. This book analyses the current framing for digital and media supplies provided via P2P technologies through the lens of an interdisciplinary approach drawing on tax law, computer science, economics, copyright law, and business studies. VAT concepts such as those of economic activity and taxable person, taxable transactions, consideration, barter and taxable amount, and territoriality rules are discussed in connection with P2P, as is the evaluation of VAT liability for P2P operations in the presence of copyright infringement. Topics and issues considered include: - centralized and decentralized P2P networks; - free-riding problems; - identifying actors in P2P networks for VAT purposes; - P2P and place of supply; and - pros and cons of integrating P2P with taxation regimes and especially VAT systems. The analysis draws on a vast range of sources, including EU legislation and case law, tax law literature and doctrine, international conventions and treaties, Council of Europe and OECD documents, ECHR case law, and official documents and cases from key jurisdictions worldwide, offering the first thoroughly grounded approach to overcoming the lack of understanding and awareness of ongoing changes currently separating the digital economy and traditional taxation systems, and a solid platform for discussion to the diverse communities of researchers and professionals interested in P2P.
Book Synopsis The Enforceability of Promises in European Contract Law by : James Gordley
Download or read book The Enforceability of Promises in European Contract Law written by James Gordley and published by Cambridge University Press. This book was released on 2001-07-12 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
Book Synopsis Typical Personal Security Rights in the EU by : Almudena de la Mata Muñoz
Download or read book Typical Personal Security Rights in the EU written by Almudena de la Mata Muñoz and published by Mohr Siebeck. This book was released on 2010 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in-depth analysis of the current status of the law and legal practice of personal security rights in the EU. The impact of the financial crisis is specifically considered and the treatment of personal security rights in the Basel II Accord is critically addressed. While focusing on Italian and Spanish legal systems, this comparative study includes extensive references to other EU Member States. The influence of EU private law on this area is also explored. The implications of a harmonised regime for personal security rights in the EU are analysed both from an economic and a legal perspective. In this context, specific reference is made to the latest academic works and policy proposals for EU legal unification ( Principles of European Contract Law / Draft Common Frame of Reference ).
Book Synopsis Principles of European Contract Law and Italian Law by : Luisa Antoniolli
Download or read book Principles of European Contract Law and Italian Law written by Luisa Antoniolli and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2
Book Synopsis The UNIDROIT Principles in Practice by : Michael Joachim Bonell
Download or read book The UNIDROIT Principles in Practice written by Michael Joachim Bonell and published by BRILL. This book was released on 2006-09-01 with total page 1178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. The UNIDRIOT Principles in Practice provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles. Published under the Transnational Publishers imprint.