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Author : Stefano Rodotà
Publisher :
ISBN 13 :
Total Pages : 266 pages
Book Rating : 4.F/5 ( download)
Download or read book Le fonti di integrazione del contratto written by Stefano Rodotà and published by . This book was released on 1969 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stefano Rodotà
Publisher : Roma TrE-Press
ISBN 13 :
Total Pages : 284 pages
Book Rating : 4.2/5 (597 download)
Download or read book Le fonti di integrazione del contratto written by Stefano Rodotà and published by Roma TrE-Press. This book was released on 2024-02-09 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume di Stefano Rodotà sulle fonti di integrazione del contratto costituisce un ulteriore passo verso la presentazione della sua visione a tutto tondo dei fenomeni del diritto privato nella società contemporanea. Rodotà, come già aveva fatto nel suo volume precedente sulla responsabilità civile, supera approcci formalistici e cala le vicende del contratto nella nuova costituzione economica che aveva già illustrato nella sua prolusione del 1967 su “Ideologie e tecniche del diritto civile”. Le prospettive da lui avanzate – che oggi sono acquisite ma che all’epoca rompevano un quieto vivere intellettuale – sono almeno sei: (i) il complesso delle regole del contratto è arricchito mediante fonti alternative a quelle della dichiarazione delle parti, (ii) ciò determina un ampliamento del contenuto e quindi degli effetti del contratto, (iii) la integrazione non è un soltanto “riempimento delle lacune” trascurate o ignorate dalle parti, (iv) ai fini della sua integrazione il contratto va collocato nell’ambiente socioeconomico in cui deve svolgere i suoi effetti, (vi) l’art. 41 Cost. presidia le regole esterne che disciplinano ed integrano il contratto. DOI: 10.13134/979-12-5977-298-5
Author : Stefano Rodotà
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)
Download or read book Le fonti d'integrazione del contratto written by Stefano Rodotà and published by . This book was released on 1969 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Maren Heidemann
Publisher : Springer Nature
ISBN 13 : 3031284976
Total Pages : 1099 pages
Book Rating : 4.0/5 (312 download)
Download or read book The Transformation of Private Law – Principles of Contract and Tort as European and International Law written by Maren Heidemann and published by Springer Nature. This book was released on with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Luisa Antoniolli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123725
Total Pages : 522 pages
Book Rating : 4.0/5 (411 download)
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
Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131418
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)
Download or read book The Politics of the Draft Common Frame of Reference written by Alessandro Somma and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays reflects both the diversity of the group's work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission's characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.
Author : Paddy Nixon
Publisher : Springer Science & Business Media
ISBN 13 : 3540402241
Total Pages : 358 pages
Book Rating : 4.5/5 (44 download)
Download or read book Trust Management written by Paddy Nixon and published by Springer Science & Business Media. This book was released on 2003-05-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book constitutes the refereed proceedings of the First International Conference on Trust Management, iTrust 2003, held in Heraklion, Crete, Greece in May 2003. The 24 revised full papers presented were carefully reviewed and selected from 58 submissions. This first book devoted to the emerging interdisciplinary field of trust management spans the whole range of relevant topics, from technical issues in distributed and open systems to legal, social, and philosophical aspects.
Author :
Publisher : LIT Verlag Münster
ISBN 13 : 9783825866389
Total Pages : 436 pages
Book Rating : 4.8/5 (663 download)
Download or read book Reasonableness and interpretation written by and published by LIT Verlag Münster. This book was released on 2003 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2002 issue of the Yearbook concerns the notion of reasonableness in philosohical, legal and economic domains. After going back over the main definition of the concept of reasonable in greek philosophy, the analysis carried out in this volume deals with the role played by the notion of reasonableness in practical philosophy and namely according to hermeneutical view of it. With regard to legal field, the notion of reasonableness is a core notion in constitutional law and it assumes specific meanings in private, criminal, international, and administrative law. Reasonableness turns out to be crucial with regard to many topics, such as interpretation of rights, balancing of fundamental rights, and interpretation of standards.
Author : Giovanni Criscuoli
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)
Download or read book Italian Law of Contract written by Giovanni Criscuoli and published by . This book was released on 1991 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Guido Alpa
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403541466
Total Pages : 312 pages
Book Rating : 4.4/5 (35 download)
Download or read book Solidarity: A Normative Principle written by Guido Alpa and published by Kluwer Law International B.V.. This book was released on 2023-05-17 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term solidarity has acquired a commendable meaning of mutual responsibility, yet remains suspect because it has been invoked in too broad a spectrum of cultural contexts, ranging from fascist ideology to human rights. This essential book shows how solidarity may be – should be – conceived as a normative principle with pressing legal content, instrumental to the realisation of the social ends of today’s democratic polities. The author, for the first time in such depth, documents the interweaving of legal norms with social ideas and values, focusing on the use of the principle of solidarity in the European Union’s bodies and in its Member States. There are detailed examinations of how the principle appears in such realms as the following: national constitutions; welfare systems; regulation of contracts; social effects of legal rules; women’s rights; the social market economy; the social doctrine of the Catholic Church; affirmation of corporate social responsibility; and sustainability and corporate governance. The author describes how each context contributes to a meaningful elaboration of the concept of solidarity, thus synthesising and extending prior work on the subject. Following Kant’s dictum that the solidarity of mankind is a ‘to be or not to be; a matter of life or death’, in today's difficult and calamitous times it is appropriate to rethink the principle of solidarity as the reason for living, living fully and not just surviving, in a social agglomeration we call a community. Decoding solidarity, in order to fully understand its potentialities, misrepresentations, and mystifications has therefore become a task entrusted to jurists. For this reason, this matchless book will prove invaluable for lawyers, judges, and policymakers, all of whose professions demand authoritative knowledge of the legal relations among individuals and among legal entities.
Author : Martijn Hesselink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119620
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)
Download or read book The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Author : Verica Trstenjak
Publisher : Springer
ISBN 13 : 3319253379
Total Pages : 596 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
Author : Paolisa Nebbia
Publisher : Bloomsbury Publishing
ISBN 13 : 1847313485
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)
Download or read book Unfair Contract Terms in European Law written by Paolisa Nebbia and published by Bloomsbury Publishing. This book was released on 2007-02-08 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.
Author : Reiner Schulze
Publisher : sellier. european law publ.
ISBN 13 : 3866530366
Total Pages : 452 pages
Book Rating : 4.8/5 (665 download)
Download or read book New Features in Contract Law written by Reiner Schulze and published by sellier. european law publ.. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.
Author : Fabien Gélinas
Publisher : Oxford University Press
ISBN 13 : 0199916012
Total Pages : 329 pages
Book Rating : 4.1/5 (999 download)
Download or read book Trade Usages and Implied Terms in the Age of Arbitration written by Fabien Gélinas and published by Oxford University Press. This book was released on 2016 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: If a dispute between commercial parties reaches the stage of arbitration, the cause is usually ambiguous contract terms. The arbitrator often resolves the dispute by applying trade usages, either to interpret the ambiguous terms or to determine what the given contract's terms really are. This recourse to trade usages does not create many problems on the domestic level. However, international arbitrations are far more complex and confusing. Trade Usages and Implied Terms in the Age of Arbitration provides a clear explanation of how usages, and more generally the implicit or implied content of international commercial contracts, are approached by some of the most influential legal systems in the world. Building on these approaches and taking account of arbitral practice, this book explores possible conceptual frameworks to help shape the emerging transnational law of trade usage. Part I covers the treatment and conceptual grounding of usages and implied terms in the positive law of influential jurisdictions. Part II defines the approach to usages and implied terms adopted in the design and implementation of important uniform law instruments dealing with international business contracts, as well as in the practice of international commercial arbitration. Part III concludes the book with an outline of what the conceptual grounding of trade usages could be in the transnational law of commercial contracts.
Author : Sabrina Lanni
Publisher : Taylor & Francis
ISBN 13 : 1000877418
Total Pages : 145 pages
Book Rating : 4.0/5 (8 download)
Download or read book Greening the Civil Codes: Comparative Private Law and Environmental Protection written by Sabrina Lanni and published by Taylor & Francis. This book was released on 2023-05-12 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the greening of civil codes from a comparative perspective. It takes into account the increasing requirements of supranational rules, which favour measures to reduce global warming and its negative environmental impacts; it discusses the necessity to expand distributive justice given the current ecological emergency; and it reflects on which private law legal tools potentially may be employed to defend nature’s interests. The work fills a gap in the growing literature on developing rights of nature and ecosystem in transnational law. While the focus is on the environmental issues pertaining to the new civil codes and new projects of civil codes, the book promotes interdisciplinary research applicable to a range of environmental and natural resources–focused courses across the social sciences, especially those related to comparative law systems, legal anthropology, legal traditions in the world, political science and international relations.
Author :
Publisher :
ISBN 13 :
Total Pages : 956 pages
Book Rating : 4.3/5 (91 download)
Download or read book Who's who in Italy written by and published by . This book was released on 2002 with total page 956 pages. Available in PDF, EPUB and Kindle. Book excerpt:
