The Politics Of A European Civil Code

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The Politics of a European Civil Code

Author : Martijn Willem Hesselink
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124101
Total Pages : 210 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Politics of a European Civil Code by : Martijn Willem Hesselink

Download or read book The Politics of a European Civil Code written by Martijn Willem Hesselink and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case

Principles, Definitions and Model Rules of European Private Law

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)

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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.

The Politics of Justice in European Private Law

Author : Hans-W Micklitz
Publisher : Cambridge University Press
ISBN 13 : 1108424120
Total Pages : 489 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Politics of Justice in European Private Law by : Hans-W Micklitz

Download or read book The Politics of Justice in European Private Law written by Hans-W Micklitz and published by Cambridge University Press. This book was released on 2018-11-15 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compares national concepts of social justice with the developing European concept of access justice.

The Future of the European Law of Civil Procedure

Author : Fernando Gascón Inchausti
Publisher :
ISBN 13 : 9781780688596
Total Pages : 0 pages
Book Rating : 4.6/5 (885 download)

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Book Synopsis The Future of the European Law of Civil Procedure by : Fernando Gascón Inchausti

Download or read book The Future of the European Law of Civil Procedure written by Fernando Gascón Inchausti and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides precious insight into the dynamics of this new approach to consolidating European Civil Justice, clearly outlining the motivations of the various national and institutional players involved and examining potential obstacles likely to be encountered along the way. The book represents a work of reference for anyone involved in academia, practice or law reform in this subject area.

General Principles of EU Civil Law

Author : Norbert Reich
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9781780681764
Total Pages : 244 pages
Book Rating : 4.6/5 (817 download)

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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.

Regional Private Laws and Codification in Europe

Author : Hector L. MacQueen
Publisher : Cambridge University Press
ISBN 13 : 1139438786
Total Pages : 335 pages
Book Rating : 4.1/5 (394 download)

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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.

Civil Law

Author : Council of the European Union. General Secretariat
Publisher :
ISBN 13 :
Total Pages : 320 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Civil Law by : Council of the European Union. General Secretariat

Download or read book Civil Law written by Council of the European Union. General Secretariat and published by . This book was released on 2005 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication contains selected legal texts and instruments on areas of judicial co-operation in European civil law, including the recognition and enforcement of judgements in civil and commercial matters, insolvency proceedings, contractual obligations, the service of documents, the taking of evidence, legal aid, and the European Judicial Network.

The Oxford Handbook of Law and Politics

Author : Keith E. Whittington
Publisher : OUP Oxford
ISBN 13 : 0191616281
Total Pages : 828 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Law and Politics by : Keith E. Whittington

Download or read book The Oxford Handbook of Law and Politics written by Keith E. Whittington and published by OUP Oxford. This book was released on 2010-06-11 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Civil Servants and Politics

Author : C. Neuhold
Publisher : Springer
ISBN 13 : 1137316810
Total Pages : 414 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Civil Servants and Politics by : C. Neuhold

Download or read book Civil Servants and Politics written by C. Neuhold and published by Springer. This book was released on 2013-03-25 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study focuses on the changing relations between civil servants and politicians in the European Union in the last two decades. As well as national case studies this book also looks into politico-administrative relations in supranational institutions such as the European Commission and the European Parliament.

A Common Law for Europe

Author : Gian Antonio Benacchio
Publisher : Central European University Press
ISBN 13 : 9637326367
Total Pages : 331 pages
Book Rating : 4.6/5 (373 download)

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Book Synopsis A Common Law for Europe by : Gian Antonio Benacchio

Download or read book A Common Law for Europe written by Gian Antonio Benacchio and published by Central European University Press. This book was released on 2005-01-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

The Law of the European Union and the European Communities

Author : Pieter Jan Kuijper
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041154124
Total Pages : 1251 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Law of the European Union and the European Communities by : Pieter Jan Kuijper

Download or read book The Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

The European Union and National Civil Procedure

Author : Anna Nylund
Publisher :
ISBN 13 : 9781780683805
Total Pages : 0 pages
Book Rating : 4.6/5 (838 download)

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Book Synopsis The European Union and National Civil Procedure by : Anna Nylund

Download or read book The European Union and National Civil Procedure written by Anna Nylund and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'This publication is extremely interesting since it shows that the law of the European Union has an impact on national procedural law. Cross-fertilisation is indeed a very important tool.'--Marcel Storme, Honorary Pres. of the International Assoc. of Procedural Law ***This book discusses the impact of EU law on selected national legal systems. The authors analyze how the civil procedure system of their countries has reacted to increasing Europeanisation and the influence of EU law. They identify significant changes and disseminate the reasons for particular developments and the further implications of EU law on the civil procedure. Europe is in a period of increasing Europeanisation of civil procedure. Procedural elements of EU law are based on decentralised enforcement, leaving enforcement and procedural issues to the Member States. Consequently, there is vast amount of EU case law that is relevant for national procedural law. The supremacy of EU law and, inter alia, the requirements of effectiveness and equivalence may be relevant for several topics of national civil procedural law. Both EU legislation and doctrinal changes in EU case law touch upon various topics of the procedural law of the Member States. A comprehensive comparison between the countries represented in the book is made. (Series: Ius Commune Europaeum, Vol. 150) Subject: EU Law, National Law]

A Short History of European Law

Author : Tamar Herzog
Publisher : Harvard University Press
ISBN 13 : 0674980344
Total Pages : 297 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis A Short History of European Law by : Tamar Herzog

Download or read book A Short History of European Law written by Tamar Herzog and published by Harvard University Press. This book was released on 2018-01-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Short History of European Law brings to life 2,500 years of legal history, tying current norms to the circumstances of their conception. Tamar Herzog describes how successive legal systems built upon one another, from ancient times through the European Union. Roman law formed the backbone of each configuration, though the way it was used and reshaped varied dramatically from one century and place to the next. Only by considering Continental civil law and English common law together do we see how they drew from and enriched this shared tradition. “A remarkable achievement, sure to become a go-to text for scholars and students alike... A must-read for anyone eager to understand the origins of core legal concepts and institution—like due process and rule of law—that profoundly shape the societies in which we live today.” —Amalia D. Kessler, Stanford University “A fundamental and timely contribution to the understanding of Europe as seen through its legal systems. Herzog masterfully shows the profound unity of legal thinking and practices across the Continent and in England.” —Federico Varese, Oxford University “Required reading for Americanists North and South, and indeed, for all of us inhabiting a postcolonial world deeply marked by the millennia of legal imaginings whose dynamic transformations it so lucidly charts.” —David Nirenberg, University of Chicago

European Legal History

Author : Randall Lesaffer
Publisher : Cambridge University Press
ISBN 13 : 0521877989
Total Pages : 561 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis European Legal History by : Randall Lesaffer

Download or read book European Legal History written by Randall Lesaffer and published by Cambridge University Press. This book was released on 2009-06-25 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historical introduction to the civil law tradition considers the political and cultural context of Europe's legal history from its Roman roots. Political, diplomatic and constitutional developments are discussed, and the impacts of major cultural movements, such as scholasticism, humanism, the Enlightenment and Romanticism, on law and jurisprudence are highlighted.

The Politics of a European Civil Code

Author : Martijn W. Hesselink
Publisher :
ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis The Politics of a European Civil Code by : Martijn W. Hesselink

Download or read book The Politics of a European Civil Code written by Martijn W. Hesselink and published by . This book was released on 2011 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a 'common frame of reference'. This paper, published in the European Law Journal in 2004, argued that drafting a European Civil Code involves making many choices which are essentially political. It further argued that the technocratic approach which the Commission had adopted in the Action Plan effectively excluded most stakeholders from having their say during the stage when the real choices were made. Therefore, before the drafting of the CFR/ECC starts, the Commission should have submitted a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would have repoliticised the process. It would have increased the democratic basis for a European Civil Code and thus its legitimacy.

The Rule of Law in Central Europe

Author : Jiri Pribán
Publisher : Routledge
ISBN 13 : 0429775997
Total Pages : 418 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Rule of Law in Central Europe by : Jiri Pribán

Download or read book The Rule of Law in Central Europe written by Jiri Pribán and published by Routledge. This book was released on 2019-06-04 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.

The Cambridge Companion to European Union Private Law

Author : Christian Twigg-Flesner
Publisher : Cambridge University Press
ISBN 13 : 1107493978
Total Pages : 381 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Cambridge Companion to European Union Private Law by : Christian Twigg-Flesner

Download or read book The Cambridge Companion to European Union Private Law written by Christian Twigg-Flesner and published by Cambridge University Press. This book was released on 2010-05-20 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.