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Principles Of Private Law
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Author :Study Group on a European Civil Code Publisher :sellier. european law publ. ISBN 13 :3866530595 Total Pages :406 pages Book Rating :4.8/5 (665 download)
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code
Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Book Synopsis English Private Law by : Peter Birks
Download or read book English Private Law written by Peter Birks and published by Oxford University Press, USA. This book was released on 2000 with total page 1760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has become a key point of reference on English private law for lawyers in the UK and throughout the world. Packed within its 2,000 pages users will find a lucid, concise yet immensely authoritative account of all of the key areas of private law. Each section is written by anacknowledged expert, bringing to bear their experience and understanding to provide a clear distillation and analysis of the relevant subject. The second supplement, included in this set, fully updates the main volumes with all developments affecting English Private Law up to January 2004.
Book Synopsis Private Law in Theory and Practice by : Michael Bryan
Download or read book Private Law in Theory and Practice written by Michael Bryan and published by Routledge. This book was released on 2007-03-12 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.
Book Synopsis General Principles of Thai Private Law by : Alessandro Stasi
Download or read book General Principles of Thai Private Law written by Alessandro Stasi and published by Springer. This book was released on 2016-08-23 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a general framework for understanding the main concepts, rules, and institutions of the Thai legal system. It details the history of the civil and commercial code and provides readers with valuable information about the main principles that regulate relations between private individuals. Written in a clear and easy-to-understand style, it first presents the general principles of law and then addresses more specific aspects. It not only defines private law, but also explores how it works, and why it works the way it does. Topics covered include general rules of law, the law of obligations and contracts, the management of affairs without mandate and unjustified benefits, the law of property, family law and the law of inheritance.
Book Synopsis Constitutionalisation of Private Law by : Thomas Barkhuysen
Download or read book Constitutionalisation of Private Law written by Thomas Barkhuysen and published by BRILL. This book was released on 2006 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Book Synopsis Private Law by : Friedrich Julius Stahl
Download or read book Private Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2007-07 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Private Law" is a translation of Book III of "The Doctrine of Law and State," providing the detailed outworking in private law of the principles of law developed in Book II, "Principles of Law." In it, the rights of man receive full explanation within the context of higher, God-given legal principles. Thus, for Stahl human rights do not serve as the source of law but as a secondary principle subservient to a higher law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary emotivism and primacy of the will.
Book Synopsis General Principles of EU Civil Law by : Norbert Reich
Download or read book General Principles of EU Civil Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2013 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on a rapidly developing, but still highly controversial, area of EU law: the emergence of general principles with constitutional relevance for EU civil law guiding its interpretation, gap filling, and legality control. The book brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1, 2, and 3 on framed autonomy, protection of the weaker party, and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures, but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, Principle 7 on good faith is still an emerging principle, but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law, in days where its autonomous character is increasingly recognized in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations.
Book Synopsis Foundations of Private Law by : James Gordley
Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.
Book Synopsis PRINCIPLES OF PRIVATE LAW by : LEXISNEXIS.
Download or read book PRINCIPLES OF PRIVATE LAW written by LEXISNEXIS. and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Advanced Introduction to Private Law by : Jan M. Smits
Download or read book Advanced Introduction to Private Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Book Synopsis The Turning Point in Private Law by : Ugo Mattei
Download or read book The Turning Point in Private Law written by Ugo Mattei and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort.In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments.Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Book Synopsis Private Law by : Friedrich Julius Stahl
Download or read book Private Law written by Friedrich Julius Stahl and published by WordBridge Publishing. This book was released on 2024-08-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a translation of Book III of The Doctrine of Law and State. It provides Stahl’s detailed outworking in private law of the principles of law developed in Book II. Private law forms the cornerstone of individual freedom. Even so, it is not derived from individual freedom, which is what modern legal philosophy claims. Rather, it is derived from the law of God, which establishes the principles of which it is the further outworking. In line with the understanding of law as given in Book II of this series, it establishes the institutions and authorities within which individual freedom can effectively function. The law forms part of the ethical world. The two poles around which the ethical world revolves are the fear of God and full humanity. Both of these need to be given their due in a properly-regulated legal order. The problem with modernist law is that “it only seeks man while being detached from what stands above man. Of the two parts through which the law is fulfilled – you shall love the Lord your God above all things, and your neighbor as yourself – it has arbitrarily picked out the second while ignoring the first, it has demolished the first of the two tables of the law while proposing to establish only the second” (§. 21). Therefore the rights of man – that shibboleth of modernist legal philosophy – receive full explanation only within the context of higher, God-given legal principles. As such, human rights do not serve as the source of law but as a secondary principle subservient to a higher law. That higher law establishes, besides the free action of the individual, family and property as the bases of private law. The further outworking of this concept in rights of property, contract, the law of the family, is masterfully laid out. Institutions such as property and marriage are not made the creature of will and contract but are fully explained as given realities which the human will cannot alter. This book constitutes a return to sound principles of private law and an antidote to contemporary individualism, emotivism, and primacy of the will. Sections left out of the first edition have been included in this second edition of Private Law. The text has been corrected where necessary and improved where appropriate.
Book Synopsis New Private Law Theory by : Stefan Grundmann
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Book Synopsis Principles of Contract Law by : Jeannie Paterson
Download or read book Principles of Contract Law written by Jeannie Paterson and published by . This book was released on 2015 with total page 931 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles of Contract Law, 5th Editionremains Australias premier text for students of contract law. The new edition has been significantly revised in light of recent developments. Paterson, Robertson & Duke at University of Melbourne.
Book Synopsis Private Law and the Rule of Law by : Lisa M. Austin
Download or read book Private Law and the Rule of Law written by Lisa M. Austin and published by . This book was released on 2014 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Christian von Bar
Download or read book Principles, Definitions and Model Rules of European Private Law written by Christian von Bar and published by Oxford University Press, USA. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analyzed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference. This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text. The complete work will form a central reference point for all future discussion of the harmonization of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.
Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Christian von Bar
Download or read book Principles, Definitions and Model Rules of European Private Law written by Christian von Bar and published by Oxford University Press, USA. This book was released on 2010 with total page 6100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analyzed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference. This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text. The complete work will form a central reference point for all future discussion of the harmonization of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.
