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Party Autonomy In Contractual And Non Contractual Obligations
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Author :Maya Mandery Publisher :Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies ISBN 13 :9783631653210 Total Pages :0 pages Book Rating :4.6/5 (532 download)
Book Synopsis Party Autonomy in Contractual and Non-contractual Obligations by : Maya Mandery
Download or read book Party Autonomy in Contractual and Non-contractual Obligations written by Maya Mandery and published by Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.
Book Synopsis Party Autonomy in Private International Law by : Alex Mills
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Book Synopsis Legitimisation of the Principle of Party Autonomy from an ASEAN Perspective by : Akawat Laowonsiri
Download or read book Legitimisation of the Principle of Party Autonomy from an ASEAN Perspective written by Akawat Laowonsiri and published by . This book was released on 2016 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ASEAN Community has g ...
Book Synopsis Information Rights and Obligations by : André Janssen
Download or read book Information Rights and Obligations written by André Janssen and published by Routledge. This book was released on 2017-03-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.
Book Synopsis The Rome II Regulation on the Law Applicable to Non-Contractual Obligations by : William Binchy
Download or read book The Rome II Regulation on the Law Applicable to Non-Contractual Obligations written by William Binchy and published by BRILL. This book was released on 2009-04-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.
Book Synopsis EU Law and Private International Law by : Jan-Jaap Kuipers
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Book Synopsis Modern European and Chinese Contract Law by : Junwei Fu
Download or read book Modern European and Chinese Contract Law written by Junwei Fu and published by Kluwer Law International B.V.. This book was released on 2011-04-20 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Book Synopsis The Rome II Regulation by : Andrew Dickinson
Download or read book The Rome II Regulation written by Andrew Dickinson and published by OUP UK. This book was released on 2010 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.
Book Synopsis Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles by : Neil Kaplan
Download or read book Jurisdiction, Admissibility and Choice of Law in International Arbitration: Liber Amicorum Michael Pryles written by Neil Kaplan and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished international lawyer Michael Pryles, who launched a meteoric career as an arbitrator after many years of teaching and writing on conflicts of law and other topics, has made a mark on arbitral law and practice that is recognized worldwide. In this book, over forty prominent arbitrators and arbitration scholars offer insightful essays on the thorny matters of jurisdiction, admissibility and choice of law in arbitration – topics which have long interested Professor Pryles and are of wide interest. Among the specific issues and topics examined are the following: • res judicata; • investment arbitration; • free trade agreements; • party autonomy; • application of provisional measures; • issue estoppel; • evidentiary inferences; • interim measures; • emergency and default proceedings; • the intersection of financing and jurisdiction; • consolidation of cases; and • non-contractual claims. Remarkable for its roster of highly distinguished contributors, this book is the only in-depth treatment of its subject. By turns thought-provoking and practical, it is bound to appeal to and be put to use by arbitrators and other lawyers who handle international cases. It will also prove of great value to global law firms and companies doing transnational business.
Book Synopsis Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations by : Seyed Nasrollah Ebrahimi
Download or read book Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations written by Seyed Nasrollah Ebrahimi and published by Athena PressPub Company. This book was released on 2004-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern views of freedom of contract recognise that the principle of party autonomy has a number of restrictions, such as the doctrines of public policy [ordre public], of good faith [bona fides], evasion of law [fraude a la loi], and mandatory rules [with various interchangeable expressions such as lois de police, lois d'application immediate, lois d'application imperative, loi d'application necessaire, lois d'application directe]. The concept of mandatory rules is regarded as one of the key concepts in post-war private international law, existing in various legal systems, and also in some regional and international conventions, thus influencing the functioning of conflict of laws rules. It has become in recent years one of the most debated topics, particularly in continental private international law, with no agreed criteria which identify with any precision the rules which qualify for such categorisation. Dr Ebrahimi's new work is a comprehensive study of the concept, function and application of mandatory rules in international contracts and their relationship to other institutions restricting the party autonomy and a free choice of law, in the light particularly of the Rome Convention on the Law Applicable on Contractual Obligations, 1980. Dr Ebrahimi, the associate professor of international law, in Tehran Azad University and also director of Legal & Contractual affairs of PEDEC/NIOC, is aiming at the citizens of a shrinking world, where trans-national contracts are born in the blink of an eye. But in the eyes of whose law are they enforceable? Which set of mandatory rules must be totally excluded? Does the 'unruly horse' of public policy have a role to play? Is the very concept of 'mandatory rules' a moribund one? And what are the faults of article 7(1)- the 'difficult donkey' of the 1980 Rome Convention? The achievement of this detailed and scholarly work is to explain the conflicting/overlapping terminologies clearly, and use statutes, case law and academic sources to clarify points of difficulty arising from the articles of the Convention, without, of course, losing sight of its stated function, namely to unify the business world rather than fragment it. This scholarly work and valuable guide is a welcome addition to textbooks in the fields of private international law, conflict of laws, international commercial and trade law, consumer and employment protection laws; and a commentary to fully understand the regional and international conventions on private international law, particularly the Hague Conventions on the Law Applicable to contracts for International Sale of Goods 1955 and 1986, the Mexico City Convention, 1994, and the Rome Convention on the Law Applicable to Contractual Obligations, 1980, and also a useful pointer to shape international contracts to come.
Book Synopsis The Choice of Law Contract by : Maria Hook
Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Book Synopsis Contractual and Non-contractual Obligations in English Law by : Jac Rinkes
Download or read book Contractual and Non-contractual Obligations in English Law written by Jac Rinkes and published by . This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Litigation by : Trevor C. Hartley
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Book Synopsis A Critical and Comparative Analysis of the Main Options of the Rome Convention of June 19, 1980 on the Law Applicable to Contractual Obligations by : Alain G. Van Hamme
Download or read book A Critical and Comparative Analysis of the Main Options of the Rome Convention of June 19, 1980 on the Law Applicable to Contractual Obligations written by Alain G. Van Hamme and published by . This book was released on 1985 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Choice of Law in International Commercial Contracts by : Oxford Editor
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
Book Synopsis Party Autonomy and the Role of Information in the Internal Market by : Stefan Grundmann
Download or read book Party Autonomy and the Role of Information in the Internal Market written by Stefan Grundmann and published by Walter de Gruyter. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.
Book Synopsis The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community by : Mert Elcin
Download or read book The Applicable Law to International Commercial Contracts and the Status of Lex Mercatoria - With a Special Emphasis on Choice of Law Rules in the European Community written by Mert Elcin and published by Universal-Publishers. This book was released on 2010 with total page 89 pages. Available in PDF, EPUB and Kindle. Book excerpt: International commercial contracts in the context of increasing globalization of the national markets have posed some of the most difficult questions of the legal theory as developed since the emergence of nation states; those are, whether it is possible or desirable to allow international commercial contracts to be governed by the law merchant or, in its medieval name, lex mercatoria, a body of rules which has not been derived from the will of sovereign states, but mainly from transnational trade usages and practices, and to what extent those rules should govern transnational transactions. The traditional approach of legal positivism to the questions maintains that law governing contracts containing a foreign element should be a national law which will be determined according to choice of law rules. However, the particularities of cross border trade yield unsatisfactory results when the rules essentially designed for the settlement of domestic disputes or national laws pertaining to international economic relations, but developed under the influence of a certain legal tradition, are tried to be applied. New solutions are needed to overcome the special problems of international trade between merchants from different legal systems. In that regard, while the international commercial arbitration which has been freed from the constraints of the domestic laws is an important step, the courts generally applying the principle of party autonomy which allows parties to designate the law that will apply to their transactions have proved insufficient due to the positivistic influence on the conflict of laws rules of most countries which has limited parties' choice of law to the national substantive laws. The problems created by those inconsistencies and divergences have been felt more strongly in the European Community which constitutes an internal market by integrating the national markets of Member States into a single one. The present paper is an attempt to search for answers to those questions with a special emphasis on the situation in the European Community on the basis of the idea that law as a servant of social need must take account of the far reaching and dramatic socio-economic changes.
