Zivilrechtsreform Im Baltikum

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Zivilrechtsreform im Baltikum

Author : Helmut Heiss
Publisher : Mohr Siebeck
ISBN 13 : 9783161489020
Total Pages : 194 pages
Book Rating : 4.4/5 (89 download)

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Book Synopsis Zivilrechtsreform im Baltikum by : Helmut Heiss

Download or read book Zivilrechtsreform im Baltikum written by Helmut Heiss and published by Mohr Siebeck. This book was released on 2006 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: The breakdown of socialism and the independence of the Baltic states caused a transformation of private law in this region. Private law reforms were completed successfully in all three Baltic states in 2002. Each state used its own approach to master the task of transforming private law. In this work, the authors discuss the law reforms in a historical, comparative and European context. They analyze the legislative task in a historical and comparative perspective. Reports on each country give a comparative insight into the current Baltic civil codes. In conclusion, the authors deal with legislative instruments, such as the use of legal transplants, and analyze the process of the Europeanization of the Baltic civil codes in the course of EU accession. German description: Erneuerung und Europaisierung des Privatrechts waren nach der 'Wende' zwei Hauptaufgaben der baltischen Privatrechtsgesetzgeber. Unterschiedliche Ausgangspositionen in den einzelnen baltischen Staaten haben dazu gefuhrt, dass die baltischen Staaten das Reformwerk nicht im Wege der Kooperation (insbesondere im Rahmen des Baltischen Rates) verfolgt, sondern trotz ahnlich gelagerter Sachprobleme je fur sich in Angriff genommen haben. Alle drei baltischen Staaten haben ihre Reformen im Jahre 2002 (jedenfalls vorlaufig) erfolgreich abgeschlossen. Im vorliegenden Tagungsband wird die Zivilrechtsreform in den baltischen Staaten aus historischer, vergleichender und europarechtlicher Perspektive untersucht. Historisch wird zunachst der Frage nachgegangen, ob und inwieweit von einer (einheitlichen) baltischen Rechtstradition gesprochen werden kann. Es folgen Beitrage zu den (historischen) Anforderungen an die Zivilrechtsreform und zu den von den baltischen Staaten gewahlten Wegen der Erneuerung des Privatrechts. Drei Landerberichte werfen einen vergleichenden Blick auf die heutigen Zivilgesetzbucher der baltischen Staaten. Am Schluss werden Querschnittsfragen behandelt. Hierher gehoren Ausfuhrungen zu Rechtsrezeption und Rechtsmischung als Instrumente der Transformationsgesetzgebung und zur Europaisierung der baltischen Zivilrechte im Zuge des EU-Beitritts dieser Staaten.

Comparative Law

Author : Uwe Kischel
Publisher : Oxford University Press
ISBN 13 : 0192508873
Total Pages : 1099 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Comparative Law by : Uwe Kischel

Download or read book Comparative Law written by Uwe Kischel and published by Oxford University Press. This book was released on 2019-02-21 with total page 1099 pages. Available in PDF, EPUB and Kindle. Book excerpt: Uwe Kischel's comprehensive treatise on comparative law offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and takes a practical perspective on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including common law, civil law systems (based on Germany and France, and extended to Eastern Europe, Scandinavia, and Latin America, among others), the African context (with an emphasis on customary law), different contexts in Asia, Islamic law and law in Islamic countries (plus a brief treatment of Jewish law and canon law), and transnational contexts (public international law, European Union law, and lex mercatoria). The book offers a coherent treatment of global legal systems that aims not only to describe their varying norms and legal institutions but to propose a better way of seeking to understand how the overall context of legal systems influences legal thinking and legal practice.

Mélanges en l'honneur de David Pugsley

Author : Johannes Michaël Rainer
Publisher : Primento
ISBN 13 : 2802742701
Total Pages : 310 pages
Book Rating : 4.8/5 (27 download)

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Book Synopsis Mélanges en l'honneur de David Pugsley by : Johannes Michaël Rainer

Download or read book Mélanges en l'honneur de David Pugsley written by Johannes Michaël Rainer and published by Primento. This book was released on 2013-08-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers. Professor David Pugsley is a man of many talents as well as a paradox. Although he may appear to some to be typically English, this is to overlook his cosmopolitan side. David Pugsley is a well known English Romanist and comparative lawyer who taught for many years at Exeter University, as well as in many other places in the world. In this book, specially dedicated to him, his friends and colleagues pay tribute through a series of papers on comparative law and the history of law. Le Professeur David Pugsley, homme aux multiples talents, incarne un paradoxe. Pur produit de l’intelligentia britannique, de prime abord, on le découvre farouchement cosmopolite. David Pugsley est bien connu comme un spécialiste anglais du droit romain; il est aussi un juriste renommé en droit comparé. Il a enseigné durant de nombreuses années à l’Université d’Exeter, ainsi qu’en de nombreux endroits dans le monde. Dans cet ouvrage, ses amis et collègues lui rendent hommage, au travers d’une série de contributions dans les domaines du droit comparé et de l’histoire du droit qui lui sont particulièrement chers.

Civil Society in the Baltic Sea Region

Author : Norbert Götz
Publisher : Routledge
ISBN 13 : 1351776584
Total Pages : 315 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Civil Society in the Baltic Sea Region by : Norbert Götz

Download or read book Civil Society in the Baltic Sea Region written by Norbert Götz and published by Routledge. This book was released on 2017-11-01 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. The Baltic Sea region offers exceptionally rich material for the discussion of civil society. This is because it has witnessed the erosion of communist regimes, the crisis of the welfare state, the increasing importance of new social movements and the shift from a centralist paradigm to one oriented towards networks. This engaging book focuses on the phenomena and prospects for civil society in north-eastern Europe which have had a major impact on political and scholarly debates since 1989. Nineteen experts from the region provide a comprehensive and comparative account of the history, the present state and the perspectives of civil society in the Baltic Sea area. The reader will learn that civil society should not only be seen in opposition to the state and that it has a major impact on current developments of European integration.

The Law of Obligations in Central and Southeast Europe

Author : Zvonimir Slakoper
Publisher : Routledge
ISBN 13 : 1000415422
Total Pages : 227 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Law of Obligations in Central and Southeast Europe by : Zvonimir Slakoper

Download or read book The Law of Obligations in Central and Southeast Europe written by Zvonimir Slakoper and published by Routledge. This book was released on 2021-08-16 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overview of the recodification, modernization, and reform of the law of obligations in Central and Southeast Europe. In Part I, chapters discuss the process of recodification in the Slovak Republic, Czech Republic, Poland, and Hungary, with focus on the main novelties in their contract and tort law. The chapters in Part II then discuss several, more specific legal institutes of the law of obligations, and other recent developments and contemporary challenges to the law of obligations in the Czech Republic, Slovenia, Croatia, Serbia, and Turkey. This book is of interest to legal scholars in the field of private law, as well as to students, practitioners, members of law reform bodies, and civil servants in Central and Southeast Europe, and beyond.

The Scope and Structure of Civil Codes

Author : Julio César Rivera
Publisher : Springer Science & Business Media
ISBN 13 : 9400779429
Total Pages : 477 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Scope and Structure of Civil Codes by : Julio César Rivera

Download or read book The Scope and Structure of Civil Codes written by Julio César Rivera and published by Springer Science & Business Media. This book was released on 2014-02-04 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

National Legal Systems and Globalization

Author : Pierre Larouche
Publisher : Springer Science & Business Media
ISBN 13 : 9067048852
Total Pages : 386 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis National Legal Systems and Globalization by : Pierre Larouche

Download or read book National Legal Systems and Globalization written by Pierre Larouche and published by Springer Science & Business Media. This book was released on 2012-11-27 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.

Global Sales and Contract Law

Author : Ingeborg Schwenzer
Publisher : Oxford University Press, USA
ISBN 13 : 0199572984
Total Pages : 1069 pages
Book Rating : 4.1/5 (995 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 Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Codifying Contract Law

Author : Mary Keyes
Publisher : Routledge
ISBN 13 : 1317164830
Total Pages : 240 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Codifying Contract Law by : Mary Keyes

Download or read book Codifying Contract Law written by Mary Keyes and published by Routledge. This book was released on 2016-05-23 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Consequences of Impaired Consent Transfers

Author : Birke Häcker
Publisher : Mohr Siebeck
ISBN 13 : 9783161497902
Total Pages : 420 pages
Book Rating : 4.4/5 (979 download)

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Book Synopsis Consequences of Impaired Consent Transfers by : Birke Häcker

Download or read book Consequences of Impaired Consent Transfers written by Birke Häcker and published by Mohr Siebeck. This book was released on 2009 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Birke Hacker explores the English and German law on impaired consent transfers of movable property and their reversal in comparative perspective, paying particular attention to the interaction - within each legal system - between the rules and principles of contract law, property law, and the law of unjust(ified) enrichment. In two-party situations, the author focuses on the relationship between contract and conveyance and the closely related question of the transferor's position in the event of the transferee's insolvency. While German law resolves these issues by reference to the well-established principles of separation and abstraction, the relevant English law is still unsettled. The author argues for a generalized power model of so-called 'proprietary restitution' and seeks to demonstrate that conveyances by delivery are best regarded as abstract in English as well as in German law, but explains why English law nevertheless lacks the gist of abstraction a la BGB. Building on this analysis, the author then goes on to examine three-party situations. She looks first at the position of third parties who have acquired the object in question before the transferor has had a chance to reclaim it (raising issues of bona fide purchase and 'leapfrogging') and thereafter at the extent to which the transferor can assert rights to the object's traceable substitutes. As far as English law is concerned, the author shows that the supposed 'third party rights bar to rescission' is not only unnecessary, but misconceived, and that it ought to be abolished.

Typical Personal Security Rights in the EU

Author : Almudena de la Mata Muñoz
Publisher : Mohr Siebeck
ISBN 13 : 9783161506628
Total Pages : 380 pages
Book Rating : 4.5/5 (66 download)

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Book Synopsis Typical Personal Security Rights in the EU by : Almudena de la Mata Muñoz

Download or read book Typical Personal Security Rights in the EU written by Almudena de la Mata Muñoz and published by Mohr Siebeck. This book was released on 2010 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an in-depth analysis of the current status of the law and legal practice of personal security rights in the EU. The impact of the financial crisis is specifically considered and the treatment of personal security rights in the Basel II Accord is critically addressed. While focusing on Italian and Spanish legal systems, this comparative study includes extensive references to other EU Member States. The influence of EU private law on this area is also explored. The implications of a harmonised regime for personal security rights in the EU are analysed both from an economic and a legal perspective. In this context, specific reference is made to the latest academic works and policy proposals for EU legal unification ( Principles of European Contract Law / Draft Common Frame of Reference ).

Recht im Ostseeraum

Author : Alexander Trunk
Publisher : BWV Verlag
ISBN 13 : 3830511272
Total Pages : 225 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Recht im Ostseeraum by : Alexander Trunk

Download or read book Recht im Ostseeraum written by Alexander Trunk and published by BWV Verlag. This book was released on 2006-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Foundations of Property Law

Author : Christian von Bar
Publisher : Oxford University Press
ISBN 13 : 0198885423
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.

Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law)

Author :
Publisher : BRILL
ISBN 13 : 9004417273
Total Pages : 365 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) by :

Download or read book Modernisation, National Identity and Legal Instrumentalism (Vol. I: Private Law) written by and published by BRILL. This book was released on 2019-12-16 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, one of two volumes, is an anthology that analyses, through selected examples, the role played in the development of private law by the pursuit of goals serving modernisation or national ideologies in various countries, cultural spheres, and periods.

Commentaries on European Contract Laws

Author : Nils Jansen
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.

Die Bibel war für sie ein politisches Buch

Author : Irmtraud Fischer
Publisher : LIT Verlag Münster
ISBN 13 : 3643510195
Total Pages : 222 pages
Book Rating : 4.6/5 (435 download)

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Book Synopsis Die Bibel war für sie ein politisches Buch by : Irmtraud Fischer

Download or read book Die Bibel war für sie ein politisches Buch written by Irmtraud Fischer and published by LIT Verlag Münster. This book was released on 2020 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Im 19. Jahrhundert liegen die Ursprünge sowohl der Internationalität der Frauenbewegungen als auch des Aufbruchs von Frauen zu wissenschaftlichem Engagement in der Erforschung der Bibel und ihres sozialgeschichtlichen Umfeldes. Wer für die Gleichberechtigung der Frauen und gegen die Benachteiligung aufgrund des Geschlechts kämpfte, kam damals an der Bibel und ihren traditionellen Auslegungen nicht vorbei. Die Beiträge widmen sich Ländern wie Schweden, Finnland, Lettland oder Armenien, dem Schaffen von Literatinnen sowie der archäologischen Erforschung der biblischen Landschaften durch Frauen.

Principles of European Insurance Contract Law (PEICL)

Author : Project Group Restatement of European Insurance Contract Law
Publisher : sellier. european law publ.
ISBN 13 : 3866530692
Total Pages : 737 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles of European Insurance Contract Law (PEICL) by : Project Group Restatement of European Insurance Contract Law

Download or read book Principles of European Insurance Contract Law (PEICL) written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.