The Distinction of Land and Goods in English, French, German and EU Law

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Publisher : V&R Unipress
ISBN 13 : 9783847113928
Total Pages : 0 pages
Book Rating : 4.1/5 (139 download)

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Book Synopsis The Distinction of Land and Goods in English, French, German and EU Law by : Shaun Charlton

Download or read book The Distinction of Land and Goods in English, French, German and EU Law written by Shaun Charlton and published by V&R Unipress. This book was released on 2022-07-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of national law expositions of the rules for determining when something is a part of land, and therefore partakes in its legal nature, or leads a separate existence in the other category of corporeal property, goods, leaves a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reason, why land is being distinguished from goods in a particular situation. This is well illustrated by the straightforward example of standing timber, variously described doctrinally and in the case-law as integral parts of land, (presently-existing or future) goods, or even the object of 'flying freeholds'. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands.

The Distinction of Land and Goods in English, French, German and EU Law

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Author :
Publisher : V&R Unipress
ISBN 13 : 3847013920
Total Pages : 163 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis The Distinction of Land and Goods in English, French, German and EU Law by : Shaun Charlton

Download or read book The Distinction of Land and Goods in English, French, German and EU Law written by Shaun Charlton and published by V&R Unipress. This book was released on 2022-07-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most national law expositions leave a distinct impression of a naturalistic approach to the categorisation of property. The view advocated in this study is that the accession or severance of things to and from land as a 'natural scientific enquiry' based exclusively on blends of physical attachment to or socially-expressed intention in respect of land is misleading, or, at least, not decisive. National law accounts of the rules governing the distinction of land and goods need recalibrating to take account of the purpose, or the legal reasons, why land is being distinguished from goods. This is well illustrated by the example of standing timber, variously described doctrinally and in the national case-law as integral parts of land or (presently-existing or future) goods. Purpose of classification reveals the many nuances of competing policy considerations and, in turn, better reflects the law as it stands. The same principles may be applied to the case-law of the CJEU.

Foundations of Property Law

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Publisher : Oxford University Press
ISBN 13 : 0198885334
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Foundations of Property Law by : Christian von Bar

Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Multilingual Interpretation of European Union Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128530
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Multilingual Interpretation of European Union Law by : Mattias Derlén

Download or read book Multilingual Interpretation of European Union Law written by Mattias Derlén and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: Kluwer Law International

English, French & German Comparative Law

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Publisher : Routledge
ISBN 13 : 1317811704
Total Pages : 776 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis English, French & German Comparative Law by : Raymond Youngs

Download or read book English, French & German Comparative Law written by Raymond Youngs and published by Routledge. This book was released on 2014-06-13 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative analysis considers the differing approaches to important areas of law in England, France and Germany. In particular, constitutions, sources of law, rights against the state to prevent abuse of power, and rights of private individuals and organisations against each other in tort and contract are examined and compared, and the system of courts is also considered. Updated and revised, each sub-topic is introduced with the relevant material in the English system, allowing easy comparison and assimilation of the other systems. The text includes translations of relevant French and German codal material, and references to relevant cases from all of the jurisdictions. This new edition includes constitutional changes in France and the United Kingdom, in particular the new procedure for challenging existing legislation before the Conseil constitutionnel. It examines the consequences of the Lisbon Treaty, as well as other recent codal and legislative changes. Comprehensive and topical, the text explores a wide variety of new case law on issues such as: preventive detention; the use of evidence obtained by torture; the balance between suppression of terrorism and personal freedom; the internet; email monitoring; artificial reproductive techniques; use of global positioning systems (GPSs), deoxyribonucleic acid (DNA) and closed-circuit television (CCTV); the wearing of religious clothing (such as the headscarf) and symbols (such as the cross); circumcision; methods of crowd control; the prevention of human trafficking; the preservation of privacy, especially for celebrities; and the legality of pre-nuptial agreements and success fees for lawyers. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law.

Property and Contract

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509929347
Total Pages : 273 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Property and Contract by : John Cartwright

Download or read book Property and Contract written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2022-01-13 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores a range of comparative issues in, and in the relationship between, property law and contract law in English and Spanish law. It also draws on other jurisdictions. The purpose is to give readers access to discussions of these areas of private law that are not easily accessible elsewhere. It goes further, however, than simply setting out similarities and differences: it provides an insightful analysis of key points of interest in the comparison of the legal systems discussed.

Language and Legal Interpretation in International Law

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Publisher : Oxford University Press
ISBN 13 : 0190855223
Total Pages : 361 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Language and Legal Interpretation in International Law by : Anne Lise Kjaer

Download or read book Language and Legal Interpretation in International Law written by Anne Lise Kjaer and published by Oxford University Press. This book was released on 2022-03-08 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is usually communicated in more than one language and reflects common norms that lawyers and adjudicators across national legal cultures agree on and develop together. As a result, the negotiation of the wording and meaning of international legislative texts is an integral part of legal interpretation in international law. This book sheds light on that essential interpretation process. Language and Legal Interpretation in International Law treats the subject from the perspective of recent legal and linguistic theories of meaning. Anne Lise Kjær and Joanna Lam bring together internationally renowned experts to provide strong theoretical and practical foundations for the study of legal interpretation in such fields as human rights law, international trade, investment and commercial law, EU law, and international criminal law. The volume explains how the positivist tradition--in which interpretation is understood as an automatic process by which judges simply apply the text of legislative instruments to specific fact situations--cannot be upheld in an era of pragmatic and cognitive meaning theories. Those theories instead focus on the context of interpretation and on the interpreter as a co-producer of meaning. Through a collection of thoroughly researched and timely essays, this book explores the linguistically and culturally diversified world of meaning-making in international law.

The Coherence of EU Law

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Publisher : Oxford University Press, USA
ISBN 13 : 0199232466
Total Pages : 574 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Coherence of EU Law by : Sacha Prechal

Download or read book The Coherence of EU Law written by Sacha Prechal and published by Oxford University Press, USA. This book was released on 2008 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.

Cases, Materials and Text on Property Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319823
Total Pages : 1252 pages
Book Rating : 4.8/5 (473 download)

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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.

Commentaries on European Contract Laws

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Publisher : Oxford University Press
ISBN 13 : 0192508008
Total Pages : 2379 pages
Book Rating : 4.1/5 (925 download)

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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 2018-07-12 with total page 2379 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.

European Tort Law

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Publisher : OUP Oxford
ISBN 13 : 019165244X
Total Pages : 654 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis European Tort Law by : Cees van Dam

Download or read book European Tort Law written by Cees van Dam and published by OUP Oxford. This book was released on 2013-03-22 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of European Tort Law provides an extensive revision and update of the only English language handbook in this constantly evolving area. The coverage in the new edition has been expanded with material on the latest developments in legislation, legal literature, and the case law of the European Court of Human Rights, the Court of Justice of the European Union, and the highest courts in France, Germany, and England. The first part of the book, Systems of Liability, provides chapters on the state of tort law in France, Germany, and England, and the European Union. A concluding chapter gives an overall view of the European field, linking the variety of rules with cultural diversity, examining the consequences for European harmonization, and emphasizing the importance of a European policy discourse. The second part, Requirements for Liability, analyses and compares the classic requirements for liability in a comparative and supranational perspective: rights and protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. It also discusses the role of tort law in protecting human rights against violations by the state and by multinational corporations. The final part, Categories of Liability, assesses how national and supranational rules are applied in a number of categories, such as in liability for motor vehicles, defective products, and defective premises, in liability for children, employees, and subsidiaries, as well as in cases of nuisance, environmental liability, and liability of public bodies.

Digest of International Law

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.X/5 (3 download)

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Book Synopsis Digest of International Law by : Green Haywood Hackworth

Download or read book Digest of International Law written by Green Haywood Hackworth and published by . This book was released on 1940 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Future of European Property Law

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Publisher : Walter de Gruyter
ISBN 13 : 3866539312
Total Pages : 256 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Future of European Property Law by : Sjef Erp van

Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities

The Oxford Handbook of Corporate Law and Governance

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Publisher : Oxford University Press
ISBN 13 : 0191061409
Total Pages : 900 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of Corporate Law and Governance by : Jeffrey N. Gordon

Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey N. Gordon and published by Oxford University Press. This book was released on 2018-04-26 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and corporate governance have been at the forefront of regulatory activities across the world for several decades now, and are subject to increasing public attention following the Global Financial Crisis of 2008. The Oxford Handbook of Corporate Law and Governance provides the global framework necessary to understand the aims and methods of legal research in this field. Written by leading scholars from around the world, the Handbook contains a rich variety of chapters that provide a comparative and functional overview of corporate governance. It opens with the central theoretical approaches and methodologies in corporate law scholarship in Part I, before examining core substantive topics in corporate law, including shareholder rights, takeovers and restructuring, and minority rights in Part II. Part III focuses on new challenges in the field, including conflicts between Western and Asian corporate governance environments, the rise of foreign ownership, and emerging markets. Enforcement issues are covered in Part IV, and Part V takes a broader approach, examining those areas of law and finance that are interwoven with corporate governance, including insolvency, taxation, and securities law as well as financial regulation. The Handbook is a comprehensive, interdisciplinary resource placing corporate law and governance in its wider context, and is essential reading for scholars, practitioners, and policymakers in the field.

The Transformation of European Private Law

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Publisher : Cambridge University Press
ISBN 13 : 1107470986
Total Pages : 351 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Transformation of European Private Law by : James Devenney

Download or read book The Transformation of European Private Law written by James Devenney and published by Cambridge University Press. This book was released on 2013-10-24 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.

The Principles of European Contract Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633421
Total Pages : 609 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis The Principles of European Contract Law by : OLE Lando

Download or read book The Principles of European Contract Law written by OLE Lando and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:

China Review 1996

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Publisher : Chinese University Press
ISBN 13 : 9789622017351
Total Pages : 490 pages
Book Rating : 4.0/5 (173 download)

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Book Synopsis China Review 1996 by : Maurice Brosseau

Download or read book China Review 1996 written by Maurice Brosseau and published by Chinese University Press. This book was released on 1996 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: