Towards a European Ius Commune - what Lessons Can We Learn from Quebec's Mixed Legal System?

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Publisher :
ISBN 13 :
Total Pages : 208 pages
Book Rating : 4.:/5 (617 download)

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Book Synopsis Towards a European Ius Commune - what Lessons Can We Learn from Quebec's Mixed Legal System? by : Johanna Henriïette Van Hedel

Download or read book Towards a European Ius Commune - what Lessons Can We Learn from Quebec's Mixed Legal System? written by Johanna Henriïette Van Hedel and published by . This book was released on 2004 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive." --

A Study of Mixed Legal Systems: Endangered, Entrenched or Blended

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 147244177X
Total Pages : 273 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis A Study of Mixed Legal Systems: Endangered, Entrenched or Blended by : Dr Seán Patrick Donlan

Download or read book A Study of Mixed Legal Systems: Endangered, Entrenched or Blended written by Dr Seán Patrick Donlan and published by Ashgate Publishing, Ltd.. This book was released on 2014-10-28 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a fascinating and critical insight into familiar and less familiar mixed legal systems, taking the reader on a voyage of discovery from St Lucia and Guyana to the islands of the Seychelles and Mauritius. It considers those mixed systems which share boundaries with unmixed ones, such as Scotland and Quebec, and those located off-shore of major and dominant jurisdictions such as Jersey off the coasts of France’s civil law and England’s common law system, as well as Cyprus, situated between the influences of Europe and those of the Middle East.

Global Sales and Contract Law

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Publisher : OUP Oxford
ISBN 13 : 0191631051
Total Pages : 1069 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Global Sales and Contract Law by : Ingeborg Schwenzer

Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by OUP Oxford. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is one of the most successful international conventions to date, it remains the case that those involved in the international sale of goods must refer to a multitude of laws. Indeed the CISG itself does not cover all issues relating to international sales contracts, so it must necessarily be supplemented by domestic law. Global Sales and Contract Law provides a truly comparative analysis of domestic laws in over sixty countries so as to deliver a global view of domestic and international sales law. The book reports on the real practice of sales law, taking into account present day problems. Complex questions on the obligations under a sales contract, the ways in which these are established, as well as the remedies following the breach of obligations, are all discussed. By addressing regional uniform projects, like OHADA, and comparing differences in domestic legal approach where the CISG would not apply, the work goes beyond existing commentaries which tend to focus only on the CISG. The analysis has been based on an unprecedented survey drawn from the world's top fifty companies as well as international traders, lawyers advising international traders, arbitral institutions, arbitrators, and law schools. This work encompasses all aspects of a sale of goods transaction and takes a wide view of sale by including general contract law. The book gives practitioners invaluable insight into judicial trends and possible solutions in different legal systems, whether preparing for litigation or drafting an international contract. Global Sales and Contract Law is the most comprehensive and thorough compilation of legal analysis in the field of the sale of goods and is a reliable source for any practitioner dealing in international commerce.

Mixed Jurisdictions Worldwide

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Publisher : Cambridge University Press
ISBN 13 : 1139510355
Total Pages : 727 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Mixed Jurisdictions Worldwide by : Vernon Valentine Palmer

Download or read book Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and published by Cambridge University Press. This book was released on 2012-06-28 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.

The Enigma of Comparative Law

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Publisher : BRILL
ISBN 13 : 9047413571
Total Pages : 248 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Enigma of Comparative Law by : A.E. Orucu

Download or read book The Enigma of Comparative Law written by A.E. Orucu and published by BRILL. This book was released on 2004-04-01 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Viewing the contested theme Comparative Law as an ‘Enigma’, this book explores its fundamental issues as sub-themes, each covered in two variations. After the Overture, the author pulls some strands together in the Intermezzo, uses a free hand in the Cadenza, and asks the reader to draw her own conclusions in the Finale. By this method two fundamentally opposed views are exposed in each Chapter. The what, why and how of comparative law, comparative law and legal education, comparative law and judges, and comparative law and law reform by transposition are explored. The author also examines current debates of comparative law such as law and culture, deconstruction of classifications, mixing systems, limits of comparability, convergence/non-convergence and ius commune novum. By following this two-pronged approach, the book covers many important aspects of comparative law in a refreshing manner not seen in any other work. It is provocative and discursive, bringing together for the reader major developments of comparative law. The book ends by asking ‘Where are we going?’.

Comparative Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509942025
Total Pages : 480 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Comparative Law by : Esin Örücü

Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.

A Cosmopolitan Jurisprudence

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Publisher : Cambridge University Press
ISBN 13 : 1108841724
Total Pages : 325 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis A Cosmopolitan Jurisprudence by : Helge Dedek

Download or read book A Cosmopolitan Jurisprudence written by Helge Dedek and published by Cambridge University Press. This book was released on 2021-12-16 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by comparative law scholar Patrick Glenn's work, an international group of legal scholars explores the state of the discipline.

Indigenous Legal Traditions

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Publisher : UBC Press
ISBN 13 : 0774855770
Total Pages : 189 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Indigenous Legal Traditions by : Law Commission of Canada

Download or read book Indigenous Legal Traditions written by Law Commission of Canada and published by UBC Press. This book was released on 2008 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays in this book present important perspectives on the role of Indigenous legal traditions in reclaiming and preserving the autonomy of Aboriginal communities and in reconciling the relationship between these communities and Canadian governments. Although Indigenous peoples had their own systems of law based on their social, political, and spiritual traditions, under colonialism their legal systems have often been ignored or overruled by non-Indigenous laws. Today, however, these legal traditions are being reinvigorated and recognized as vital for the preservation of the political autonomy of Aboriginal nations and the development of healthy communities.

International Law in Comparative Perspective

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Publisher : BRILL
ISBN 13 : 9789028600898
Total Pages : 338 pages
Book Rating : 4.6/5 (8 download)

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Book Synopsis International Law in Comparative Perspective by : William Elliott Butler

Download or read book International Law in Comparative Perspective written by William Elliott Butler and published by BRILL. This book was released on 1980-02 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

A New Introduction to Comparative Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1849469512
Total Pages : 300 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis A New Introduction to Comparative Law by : Jaakko Husa

Download or read book A New Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2015-05-28 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.

The School World

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Publisher :
ISBN 13 :
Total Pages : 500 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis The School World by :

Download or read book The School World written by and published by . This book was released on 1899 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Legal Literacy

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Publisher : Athabasca University Press
ISBN 13 : 192735644X
Total Pages : 220 pages
Book Rating : 4.9/5 (273 download)

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Book Synopsis Legal Literacy by : Archie Zariski

Download or read book Legal Literacy written by Archie Zariski and published by Athabasca University Press. This book was released on 2014-10-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.

Federalism and Legal Unification

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Publisher : Springer Science & Business Media
ISBN 13 : 9400773986
Total Pages : 554 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Federalism and Legal Unification by : Daniel Halberstam

Download or read book Federalism and Legal Unification written by Daniel Halberstam and published by Springer Science & Business Media. This book was released on 2013-11-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and to what degree do federations produce uniform law within their system? This comparative empirical study addresses these questions comprehensively for the first time. Originally produced under the auspices of the International Academy of Comparative Law, this volume examines legal unification in twenty federations around the world. Each of the successive chapters presents the forces of unification through the lens of a particular federal system. A comparative overview chapter provides a detailed analysis of the overall results with compelling visual illustrations of legal unification along different dimensions (e.g. by area of law; by federation; by civil vs common law system). The overview chapter summarizes and analyzes the means and methods of legal unification and the degree of legal unification of each system, and explains the driving forces of legal unity and diversity in federations more generally. The volume presents surprising findings that should make scholars rethink their abandonment of the civil law vs. common law distinction in comparative law. ​ This book is a milestone in the study of federalism. It is a rare and welcome melding of comparative law and comparative politics using both original data and qualitative analysis. Wide-ranging, probing, and definitive, this book is an invaluable resource for students of law, politics, and multi-level governance. Gary Marks, Burton Craige Professor, UNC-Chapel Hill, and Chair in Multilevel Governance, Vrije Universiteit Amsterdam

Equity and Law

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Publisher : Cambridge University Press
ISBN 13 : 1108421318
Total Pages : 483 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Equity and Law by : John C. P. Goldberg

Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Guide to Foreign and International Legal Citations

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Publisher :
ISBN 13 :
Total Pages : 300 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Guide to Foreign and International Legal Citations by :

Download or read book Guide to Foreign and International Legal Citations written by and published by . This book was released on 2006 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Formerly known as the International Citation Manual"--p. xv.

Law

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Publisher :
ISBN 13 : 0198745621
Total Pages : 185 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Law by : Raymond Wacks

Download or read book Law written by Raymond Wacks and published by . This book was released on 2015 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is at the heart of every society, protecting rights, imposing duties, and establishing a framework for the conduct of almost all social, political, and economic activity. Despite this, the law often seems a highly technical, perplexing mystery, with its antiquated and often impenetrable jargon, obsolete procedures, and endless stream of complex statutes and legislation. In this Very Short Introduction Raymond Wacks introduces the major branches of the law, describing what lawyers do, and how courts operate, and considers the philosophy of law and its pursuit of justice, freedom, and equality. In this second edition, Wacks locates the discipline in our contemporary world, considering the pressures of globalization and digitalisation and the nature of the law in our culture of threatened security and surveillance. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

My New Roots

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Publisher : Clarkson Potter
ISBN 13 : 0804185395
Total Pages : 585 pages
Book Rating : 4.8/5 (41 download)

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Book Synopsis My New Roots by : Sarah Britton

Download or read book My New Roots written by Sarah Britton and published by Clarkson Potter. This book was released on 2015-03-31 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: At long last, Sarah Britton, called the “queen bee of the health blogs” by Bon Appétit, reveals 100 gorgeous, all-new plant-based recipes in her debut cookbook, inspired by her wildly popular blog. Every month, half a million readers—vegetarians, vegans, paleo followers, and gluten-free gourmets alike—flock to Sarah’s adaptable and accessible recipes that make powerfully healthy ingredients simply irresistible. My New Roots is the ultimate guide to revitalizing one’s health and palate, one delicious recipe at a time: no fad diets or gimmicks here. Whether readers are newcomers to natural foods or are already devotees, they will discover how easy it is to eat healthfully and happily when whole foods and plants are at the center of every plate.