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Melanges En Lhonneur De Denis Tallon
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Book Synopsis Mélanges en l'honneur de Denis Tallon by : Société de législation comparée
Download or read book Mélanges en l'honneur de Denis Tallon written by Société de législation comparée and published by Société de Législation Comparée. This book was released on 1999 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Legal Studies: Traditions and Transitions by : Pierre Legrand
Download or read book Comparative Legal Studies: Traditions and Transitions written by Pierre Legrand and published by Cambridge University Press. This book was released on 2003-08-14 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.
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.
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 Martinus Nijhoff Publishers. This book was released on 2006-09-01 with total page 1179 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.
Book Synopsis Security Interests in Mobile Equipment by : Iwan Davies
Download or read book Security Interests in Mobile Equipment written by Iwan Davies and published by Routledge. This book was released on 2017-11-30 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2002: This collection of essays marks the formal launch of the Centre for Instalment Credit Law at the University of Wales, Swansea. Divided into three sections, it examines the concept of security within domestic law; considers the choice of law rules; and ponders development of uniform law.
Book Synopsis Secured Transactions Law Reform by : Louise Gullifer
Download or read book Secured Transactions Law Reform written by Louise Gullifer and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: Secured transactions law has been subjected to a close scrutiny over the last two decades. One of the main reasons for this is the importance of availability of credit and the consequent need to reform collateral laws in order to improve access to finance. The ability to give security effectively influences not only the cost of credit but also, in some cases, whether credit will be available at all. This requires rules that are transparent and readily accessible to non-lawyers as well as rules that recognise the needs of small and medium-sized enterprises. This book critically engages with the challenges posed by inefficient secured credit laws. It offers a comparative analysis of the reasons and the needs for a secured transactions law reform, as well as discussion of the steps taken in many common law, civil law and mixed law jurisdictions. The book, written under the auspices of the Secured Transactions Law Reform Project, informs the debate about reform and advances novel arguments written by world renowned experts that will build upon the existing literature, and as such will be of interest to academics, legal practitioners and the judiciary involved in secured transactions law around the world. The text considers reform initiatives that have taken place up to the end of April 2016. It has not been possible to incorporate events since then into the discussion. However, notable developments include the banks decree passed by the Italian Government on 29th June 2016, and the adoption of the Model Law on Secured Transactions by UNCITRAL on 1st July 2016.
Book Synopsis The Interplay between European and National Competition Law after Regulation 1/2003 by : Lúcio Tomé Feteira
Download or read book The Interplay between European and National Competition Law after Regulation 1/2003 written by Lúcio Tomé Feteira and published by Kluwer Law International B.V.. This book was released on 2015-12-08 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: If we can speak of the European Community's 'economic constitution', we can assert that competition rules, together with free movement rules, form its core. Notably, implementation of the competition rules enshrined in Articles 81 and 82 EC changed radically with the enactment of Regulation 1/2003, which in effect dispensed with mandatory prior notifications and allowed national authorities to apply Article 101(3) TFEU directly. Given that national legislations perceive certain types of unilateral conduct, even if adopted by a non-dominant undertaking, as a potential source of anticompetitive effects, an important question concerns the leeway enjoyed by national authorities under the exception to the convergence rule in Article 3(2) of Regulation 1/2003, and the consequent effect on both legal practice and policy issues. In this lucidly argued book, focusing on national competition provisions in Germany, France, Italy, and the United Kingdom that deal with such conduct, the author provides a detailed examination of how such considerations as the following are affected by Regulation 1/2003: - prohibition of abuse of economic dependence or superior bargaining power; - the particular susceptibility of long-term contracts; - prohibition of resale at a loss or below cost; - prohibition of boycott, unlawful pressures, threats, and other coercive tactics adopted by undertakings; and - the role of unfair competition law. The analysis follows a functional method of comparative legal analysis, reviewing the most relevant norms in the selected jurisdictions, particularly in what concerns their goals and function in the context of their respective legal systems. Special attention is paid to two specific sectors – the motor-vehicle and the retailing industries – which have most often triggered relevant legislation and case law in the jurisdictions covered. Legal scholarship in the field is also drawn upon. In its clarification of the meaning of Regulation 1/2003, this book allows practitioners to fully grasp its scope. The author's thorough, masterful analysis of the statutory framework of Article 3 of the regulation also reveals the variety of reasons why different Member States have different competition policies on the scope of the exception to the rule of convergence, and in this way provides lawyers, policymakers, and academics with welcome insights on how major EU jurisdictions apply European competition law.
Book Synopsis Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) by : Chia-Jui Cheng
Download or read book Collected Courses of the Xiamen Academy of International Law, Volume 11 (2017) written by Chia-Jui Cheng and published by BRILL. This book was released on 2018-01-22 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first essay of this volume is written by Hans van Loon, who was the Secretary-General of The Hague Conference of Private International Law (HCCH) from 30 June 1996 to 30 June 2013, and who steered the Conference during a time of global expansion and transformation. He has been a forerunner in the formulation of modern private international law through multilateral treaties and was involved in the development of nine Hague Conventions, as well as the revision of the Statute of the Hague Conference. The continued relevance of the Hague Conference in the 21st century is in large part due to his commitment to the field of private international law and his awareness of its role in a broader social context. In recent years, private international law has become intertwined with public international law. Van Loon's essay on "At the Cross-Roads of Public and Private International Law - The Hague Conference on Private International [and its Work]" evidences that the system of modern international law is inseparable from private international law. One of the most highly qualified figures in international marine environment law is Prof. Bimal N. Patel, Director and Professor of Public International Law, Gujarat National Law University in India. The protection and preservation of the marine environment has been the subject of global and regional cooperation within the framework of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and other multilateral treaties thereof. Prof. Patel's essay on "Marine Environment Law and Practice of China, India, Japan and Korea" provides a timely study of the material sources of international marine environmental law. Prof. Ernst-Ulrich Petersmann has been a pioneer in formulating the material part of international economic law in each of its developmental stage. His essays display remarkable intellectual vitality, illustrating his new initiatives in the subject of international economic law. He was first invited to lecture at the Xiamen summer programme in 2006, on "New Dimensions of International Economic Law", and he was again invited to deliver a lecture on "Methodological Problems in International Trade, Investment and Health Law and Adjudication" at the commemoration of the tenth anniversary of the establishment of Xiamen Academy in 2015. With his practical experience with the World Trade Organization (WTO), and teaching and research at the European University Institute in Florence, Prof. Petersmann has not only promoted and illuminated public international economic law, he is also one of a group of highly qualified scholars who have been writing and collaborating with others in order to lay the foundation of modern international economic law.
Book Synopsis Cases, Materials and Text on Property Law by : Sjef van Erp
Download or read book Cases, Materials and Text on Property Law written by Sjef van Erp and published by Bloomsbury Publishing. This book was released on 2012-07-23 with total page 1252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
Book Synopsis Regulatory Competition in Contract Law and Dispute Resolution by : Horst Eidenmüller
Download or read book Regulatory Competition in Contract Law and Dispute Resolution written by Horst Eidenmüller and published by Bloomsbury Publishing. This book was released on 2013-08-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.
Book Synopsis Regional Private Laws and Codification in Europe by : Hector L. MacQueen
Download or read book Regional Private Laws and Codification in Europe written by Hector L. MacQueen and published by Cambridge University Press. This book was released on 2003-10-16 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Book Synopsis Private International Law by : Symeon C. Symeonides
Download or read book Private International Law written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-11-08 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the two golden ages of private international law (PIL): the first is the era of Story and Savigny in the nineteenth century, while the second comprises the last fifty years. The period between 1970 and 2020 has been one of rapid changes and dense legislative responses, exemplified by the adoption of over one hundred national PIL codifications and almost as many international or regional conventions and regulations. These instruments provide a rich source for this book’s incisive and instructive comparisons and a fertile ground for a reliable assessment of the progress of PIL as a discipline. This book skillfully uncovers and meticulously documents the gradual—and largely unnoticed—transition of PIL from the idealism of the nineteenth century to the pragmatic eclecticism and pluralism of the twenty-first century.
Book Synopsis Elgar Encyclopedia of Comparative Law by : J. M. Smits
Download or read book Elgar Encyclopedia of Comparative Law written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2006 with total page 841 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very important and immense book. . . Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws. The Criminal Lawyer This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. Sally Ramage, The Criminal Lawyer The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law. The Commonwealth Lawyer The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. . . Any law library, business library, large public library, or academic library supporting the study of international law or international business will want to have [it] in its collection. . . This work is highly recommended. Ladyjane Hickey, American Reference Books Annual Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations. . . This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers. J.E. Stephens, Choice The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price. Stuart Hannabuss, Reference Reviews The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the comparative state of affairs in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from accident compensation to unjustified enrichment with mistake , personality rights , product liability and transfer of moveable property only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited. David L. Carey Miller, University of Aberdeen, UK Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her o
Book Synopsis Public Procurement and the EU Competition Rules by : Albert Sánchez Graells
Download or read book Public Procurement and the EU Competition Rules written by Albert Sánchez Graells and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.
Download or read book Revue de droit uniforme written by and published by . This book was released on 2003 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Property and Trust Law in Lithuania by : Andrius Smaliukas
Download or read book Property and Trust Law in Lithuania written by Andrius Smaliukas and published by Kluwer Law International B.V.. This book was released on 2021-09-20 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Lithuania deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Lithuania will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Book Synopsis Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 by : Alexander J. Bělohlávek
Download or read book Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011 written by Alexander J. Bělohlávek and published by Juris Publishing, Inc.. This book was released on 2011-03-01 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions
