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Author : Basil S. Markesinis
Publisher :
ISBN 13 : 9781472559814
Total Pages : 979 pages
Book Rating : 4.5/5 (598 download)
Download or read book The German Law of Contract written by Basil S. Markesinis and published by . This book was released on 2006 with total page 979 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Basil S Markesinis
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312012
Total Pages : 1034 pages
Book Rating : 4.8/5 (473 download)
Download or read book The German Law of Contract written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2006-02-27 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
Author : Basil Markesinis
Publisher :
ISBN 13 :
Total Pages : 1098 pages
Book Rating : 4.F/5 ( download)
Download or read book The German Law of Obligations written by Basil Markesinis and published by . This book was released on 1997 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author : B. S. Markesinis
Publisher : Oxford University Press
ISBN 13 : 9780198267690
Total Pages : 1600 pages
Book Rating : 4.2/5 (676 download)
Download or read book The German Law of Obligations written by B. S. Markesinis and published by Oxford University Press. This book was released on 1998-02-26 with total page 1600 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a two-volume set on the German Law of Obligations. The volumes comprise the most comprehensive treatment of German contract and tort law. Both books are uniquely detailed and scholarly, and as such, they will be essential reading for all scholars and students involved in these areas of law.
Author : Reinhard Zimmermann
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199291373
Total Pages : 240 pages
Book Rating : 4.2/5 (913 download)
Download or read book The New German Law of Obligations written by Reinhard Zimmermann and published by Oxford University Press on Demand. This book was released on 2005 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: An authoritative account of the German law of obligations after the reform legislation of 2002 and a critical assessment of the new law in historical and comparative perspective. The analysis covers the new regime concerning liability for general non-performance, non-conformity in sales law, the incorporation of a number of special statutes aimed at the protection of consumers, and examines how the reform has moved German contract law considerably closer to European thinking patterns.
Author : Stefan Leible
Publisher :
ISBN 13 : 9789041125880
Total Pages : 0 pages
Book Rating : 4.1/5 (258 download)
Download or read book European Contract Law and German Law written by Stefan Leible and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: General provisions / S. Leible -- Formation / P. Mankowski & M. Muller -- Authority of agents / M. Lehmann -- Validity / T. Ackermann & J.-U. Franck -- Interpretation / M. Lehmann & S. Gohling -- Contents and effects / H. Unberath -- Performance / M. Schmidt-Kessel & S. Singleton -- Non-performance and remedies in general / B. Gsell -- Particular remedies for non-performance / T.W. Dornis -- Plurality of parties / M. Gebauer -- Assignment of claims / R. Feitag -- Substitution of new debtor: transfer of contract/transfer of contractual position / S. Leible -- Set-off / D. Looschelders & M. Makowsky -- Prescription / A. Piekenbrock -- Illegality / M. Lehmann -- Conditions / M. Lehmann & S. Gohling -- Capitalisation of interest / M. Lehmann.
Author :
Publisher : GRIN Verlag
ISBN 13 : 3346109747
Total Pages : 20 pages
Book Rating : 4.3/5 (461 download)
Download or read book The Essential of a Contract in German Civil Law written by and published by GRIN Verlag. This book was released on 2020-02-07 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Civil / Private / Industrial / Labour, grade: 2, University of applied sciences, Düsseldorf, language: English, abstract: This paper presents the essentials of a contract as a part of the German civil law and how it is governed through this law. An important characteristic of German civil law system which sets it apart from common law system is the codification of core rules received from Roman law. These codes are drafted in order to cover all relationships within the field of law they govern. The provisions of a code are the references for a great many practical legal problems arise within that field over time. The concept of codification was developed in order to form a base where the laws of a given field can be found in one category – the code – instead of creating many judicial decisions. Beside its general part, German civil code contains other four divisions; the law of obligations, the law of property, the law of family or domestic relations, and the law of inheritance. The whole commercial law falls under the law of obligation regulated by the code. This includes e.g. the law of bills, notes, shipping, insurance, patents, copyrights, trademarks, contracts, and business transactions. This way of codification provides all citizens with a collection of laws they must follow. These laws constitute a systematic written collection of interrelated articles arranged by subject of matter.
Author : Mathias Reimann
Publisher :
ISBN 13 : 9789041122612
Total Pages : 0 pages
Book Rating : 4.1/5 (226 download)
Download or read book Introduction to German Law written by Mathias Reimann and published by . This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is nearly ten years since the appearance of the successful first edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European law and of globalisation, the major recent reform of the German Civil Code, and the greatly increased activity of the German legislature in every area. With fifteen lucid chapters written by academic expects in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: characteristic problems of Germany legal unity; principles and practices of constitutional law; administrative law and procedure; the German Commercial Code; formation and conduct of corporations and partnerships; contracts; tort liability; property rights; family law; succession and inheritance; labor and employment; issues of private international law; courts and civil procedure; the penal code and criminal procedure. Introduction to German Law, Second Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.
Author : Gerhard Dannemann
Publisher : OUP Oxford
ISBN 13 : 0191668184
Total Pages : 856 pages
Book Rating : 4.1/5 (916 download)
Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by OUP Oxford. This book was released on 2013-03-21 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Author : Ernest Joseph Schuster
Publisher :
ISBN 13 :
Total Pages : 756 pages
Book Rating : 4.A/5 ( download)
Download or read book The Principles of German Civil Law written by Ernest Joseph Schuster and published by . This book was released on 1907 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marius Mann
Publisher :
ISBN 13 : 9783406661839
Total Pages : 300 pages
Book Rating : 4.6/5 (618 download)
Download or read book Commercial Contracts in Germany written by Marius Mann and published by . This book was released on 2015-04 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : P. D. V. Marsh
Publisher : Gower Publishing Company, Limited
ISBN 13 :
Total Pages : 400 pages
Book Rating : 4.3/5 (511 download)
Download or read book Comparative Contract Law written by P. D. V. Marsh and published by Gower Publishing Company, Limited. This book was released on 1994 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the only single-volume treatment of French and German contract law in the English language, this book will be invaluable to British businesses trading with France and Germany, to lawyers who may be called upon to advise such businesses and to professionals in the construction industry who may be carrying out work in France or Germany.
Author : Karsten Keilhack
Publisher : GRIN Verlag
ISBN 13 : 363877824X
Total Pages : 37 pages
Book Rating : 4.6/5 (387 download)
Download or read book The Hardship Approach in the UNIDROIT Principles of International Commercial Contracts and Its Equivalent in German Law of Obligations - A Comparison written by Karsten Keilhack and published by GRIN Verlag. This book was released on 2007-09-30 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 67%, Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The UNIDROIT Principles of International Commercial Contracts1 have been published in May 1994 by the Rome-based International Institute for the Unification of Private Law (UNIDROIT), an intergovernmental organisation established in 1926. The Working Group on the UNIDROIT Principles was found in 1980 and consisted of independent legal scholars of all major legal systems of the world. The UNIDROIT Principles are not binding law. Most legal writers agree that they can be characterised as a restatement of the law of international commercial contracts2 and despite the controversial issue about the very existence, scope and content of a lex mercatoria - the possibility of applying supranational law to international legal relationships- most authors agree that it exists and that the UNIDROIT Principles are a significant part of it3. The object of this paper is to examine the UNIDROIT Principles' approach to hardship laid down in Chapter 6, Section 2 and to compare it with its equivalent provision in the German Civil Code (Bürgerliches Gesetzbuch, hereinafter BGB), § 3134. For this purpose it is firstly necessary to define the term "hardship". Thereafter I will consider the respective provisions in detail and highlight differences and similarities.
Author : Patrick Schneider
Publisher : GRIN Verlag
ISBN 13 : 3668937745
Total Pages : 24 pages
Book Rating : 4.6/5 (689 download)
Download or read book Capacity to enter into a contract in german civil law written by Patrick Schneider and published by GRIN Verlag. This book was released on 2019-05-14 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2019 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1,7, University of Applied Sciences Essen, course: Business Law, language: English, abstract: The capacity to contract is a fundamental right that empowers a person to participate in everyday life. To protect certain groups of people from legal transaction that overreach and overexerts them, there a laws in the BGB that limit or deny their contracting capacity. However, sometimes there are cases in which the deficiencies to contract seem to have more disadvantages than advantages for a person. That can be the case in surrogate businesses or if it is not practicable to get the consent of a parent. Especially when it comes to children who are acting anonymously in the internet, it will be challenging in the future for retailers to deal with them. For example, 1 on July 28 in 208, the AG Berlin-Mitte ruled in favour of a father whose daughter had bought a subscription for ringtones without his consent. In this case, the provider "Jamba" was left empty-handed.2 In the light of digitalisation it has become more and more usual to make subscription based contracts not only for hardware but for software as well. Software like photoshop or even office software can be licensed and subscription based. Since those kinds of contracts are not included in the pocket money section, it may become hard for retailers to directly contract with minors without asking for the consent of their parents that would have to reach them directly, which can be rather unpractical.
Author : Karsten Keilhack
Publisher : GRIN Verlag
ISBN 13 : 3638778215
Total Pages : 61 pages
Book Rating : 4.6/5 (387 download)
Download or read book Third Party Rights: A Comparison of English and German Law with Respect to the UNIDROIT Principles on International Commercial Contracts written by Karsten Keilhack and published by GRIN Verlag. This book was released on 2007 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 75% (=With Distinction), Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The question as to whether a third party can be granted rights or protection based on a contract between two other parties to which the third party is a mere stranger is as old as the legal scholarship of contract law itself. Over centuries, quite different approaches to the issue have been evolved and embedded in different legal systems, each with its own characteristics and features. This essay intents primarily to analyse and compare the approaches of English1 and German Law to third party rights arising from bilateral contracts, particularly with regard to contracts for the benefit of a third party and the new Contracts (Rights of Third Parties) Act 1999. However, despite this main focus, some other features related to third party involvement in mutual contracts will be considered too. In the first and the second part of this essay I will describe the modus operandi of English and German law with regard to third party rights and highlight differences and similarities. The third part of this paper concerns the approach of that what is sometimes called an international restatement of contract law, namely the UNIDROIT Principles of International Commercial Contracts,2 to the rights of third parties. A comparison of the English and German system with the restatement will illustrate to what extent elements of these two national legal systems have been implemented and considered in an international project of unification of law.
Author : Hein Kötz
Publisher : Oxford University Press
ISBN 13 : 0198800045
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)
Download or read book European Contract Law written by Hein Kötz and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
