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Author : Martin Schmidt-Kessel
Publisher : sellier. european law publ.
ISBN 13 : 3866530994
Total Pages : 517 pages
Book Rating : 4.8/5 (665 download)
Download or read book Der Gemeinsame Referenzrahmen written by Martin Schmidt-Kessel and published by sellier. european law publ.. This book was released on 2009 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tim Drygala
Publisher : Walter de Gruyter
ISBN 13 : 3866539630
Total Pages : 136 pages
Book Rating : 4.8/5 (665 download)
Download or read book Private Autonomy in Germany and Poland and in the Common European Sales Law written by Tim Drygala and published by Walter de Gruyter. This book was released on 2012-07-30 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private autonomy is a fundamental principle of civil law - even more against the background of increasing Europeanisation. How is this principle implemented in the Proposal for a Common European Sales Law (CESL), in German and in Polish Law? Read the informative proceedings of the international conference on "Private Autonomy in Germany, Poland and Europe" held at the University of Leipzig. The topics of the volume range from fundamental aspects, such as the term autonomy as a "legal axiom", to specific issues like the freedom of contract in the CESL and the control of unfair contract terms in business to business transactions.
Author : Gerhard Dannemann
Publisher : Oxford University Press
ISBN 13 : 0199678901
Total Pages : 858 pages
Book Rating : 4.1/5 (996 download)
Download or read book The Common European Sales Law in Context written by Gerhard Dannemann and published by Oxford University Press. This book was released on 2013-03-21 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Author : John L. Plews
Publisher : Wilfrid Laurier Univ. Press
ISBN 13 : 1554584671
Total Pages : 554 pages
Book Rating : 4.5/5 (545 download)
Download or read book Traditions and Transitions written by John L. Plews and published by Wilfrid Laurier Univ. Press. This book was released on 2013-11-21 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditions and Transitions: Curricula for German Studies is a collection of essays by Canadian and international scholars on the topic of why and how the curriculum for post-secondary German studies should evolve. Its twenty chapters, written by international experts in the field of German as a foreign or second language, explore new perspectives on and orientations in the curriculum. In light of shifts in the linguistic and intercultural needs of today’s global citizens, these scholars in German studies question the foundations and motivations of common curriculum goals, traditional program content, standard syllabus design, and long-standing classroom practice. Several chapters draw on a range of contemporary theories—from critical applied linguistics, second-language acquisition, curriculum theory, and cultural studies—to propose and encourage new curriculum thinking and reflective practice related to the translingual and cross-cultural subjectivities of speakers, learners, and teachers of German. Other chapters describe and analyze specific examples of emerging trends in curriculum practice for learners as users of German. This volume will be invaluable to university and college faculty working in the discipline of German studies as well as in other modern languages and second-language education in general. Its combination of theoretical and descriptive explorations will help readers develop a critical awareness and understanding of curriculum for teaching German and to implement new approaches in the interests of their students.
Author : Marta Santos Silva
Publisher : Springer
ISBN 13 : 3319529234
Total Pages : 295 pages
Book Rating : 4.3/5 (195 download)
Download or read book The Draft Common Frame of Reference as a "Toolbox" for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250646
Total Pages : 294 pages
Book Rating : 4.7/5 (822 download)
Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
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)
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.
Author : Christiana Fountoulakis
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316204
Total Pages : 284 pages
Book Rating : 4.8/5 (473 download)
Download or read book Set-off Defences in International Commercial Arbitration written by Christiana Fountoulakis and published by Bloomsbury Publishing. This book was released on 2010-12-22 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book deals with set-off in international arbitration proceedings. In these proceedings, set-off is frequently the tool relied upon to resist a claim. At the same time, the legal intricacies make it hard to use. The first part of the book provides a survey of set-off, including its definition, significance and functions. The second part offers a thorough comparative analysis of selected European laws of set-off and reveals the dramatic differences between them. The third and last part of the book deals with the problematic consequences of these differences and shows the limits and the inadequacy of the traditional choice-of-law doctrines. While demonstrating how to overcome the practical hurdles of the present situation, the third part also offers normative alternatives that should provide significant help in the adjudication of commercial disputes. This title is included in Bloomsbury Professional's International Arbitration online service.
Author : Christophe Jamin
Publisher : Springer
ISBN 13 : 3319291254
Total Pages : 343 pages
Book Rating : 4.3/5 (192 download)
Download or read book The Internationalisation of Legal Education written by Christophe Jamin and published by Springer. This book was released on 2016-04-30 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an overview of the state of internationalisation of legal education (IOLE) in many civil law and common law countries. It provides a picture of the status of the debate about the shape and degree of internationalisation in the curriculum in the different countries, and the debates surrounding the adoption of a more international approach to legal education in the contemporary world. It is a compilation of the National Reports submitted for the August 2014 Congress of the IACL held at Vienna, and contains an introductory general report. Together, the reports examine such questions as: Why is the topic of internationalization of legal education on the agenda now? Why is it a relevant subject for examination today? Does the topic generate the same level of interest everywhere in the world? Is enthusiasm for IOLE mainly driven by the academic sector, by government, by multinational corporations? Is the interest closely linked with the globalization of the practice of law? Or is globalisation of law itself something of a myth, or a reality reserved for only a very small percentage of practising lawyers around the world? The general and national reports make clear that there is indeed widespread interest in IOLE, and numerous disparate initiatives around the world. Nonetheless, some National Reporters state that the topic is simply not on the agenda at all. All in all, the volume shows that the approaches to internationalisation are many and varied, but every jurisdiction recognises the importance of introducing aspiring lawyers to a more integrated global environment.
Author : Nils Jansen
Publisher :
ISBN 13 : 0199588767
Total Pages : 193 pages
Book Rating : 4.1/5 (995 download)
Download or read book The Making of Legal Authority written by Nils Jansen and published by . This book was released on 2010 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accounts of the nature of legal authority typically focus on the authority of officially sanctioned rules issued by legally recognised bodies - legislatures, courts and regulators - that fit comfortably within traditional state-centred concepts of law. Such accounts neglect the more complex processes involved in acquiring legal authority. Throughout the history of modern legal systems texts have come to acquire authority for legal officials without being issued by a legislature or a court. From Justinian's Institutes and Blackstone's Commentaries to modern examples such as the American Law Institute's Restatements and the UNIDROIT Principles of International Commercial Contracts academic codifications have come to be seen as legally authoritative, and their norms applied as such in courts and other contexts. How have such texts acquired legal authority? Does their authority undermine the orthodox accounts of the nature of legal systems? Drawing on examples from Roman law to the present day, this book offers the first comparative analysis of non-legislative codifications. It offers a provocative contribution to the debates surrounding the harmonisation of European private law, and the growth of international law.
Author : Martijn W. Hesselink
Publisher : Walter de Gruyter
ISBN 13 : 3866537212
Total Pages : 96 pages
Book Rating : 4.8/5 (665 download)
Download or read book CFR & Social Justice written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: This short study aims to evaluate the Draft Common Frame of Refence in terms of social justice. In particular, it addresses the idea of a European notion of social justice, the relationship between private law and democracy, the question whether the DCFR can be regarded as a neo-liberal or socialist project, the values and principles underlying the DCFR, the protection of weaker parties, and the role of general clauses such as good faith.
Author : Gerhard Wagner
Publisher : Walter de Gruyter
ISBN 13 : 3866538669
Total Pages : 289 pages
Book Rating : 4.8/5 (665 download)
Download or read book The Common Frame of Reference: A View from Law & Economics written by Gerhard Wagner and published by Walter de Gruyter. This book was released on 2009-08-17 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate. A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict.
Author : Sabih Arkan
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125140
Total Pages : 578 pages
Book Rating : 4.0/5 (411 download)
Download or read book Festschrift Liber Amicorum Tu?rulansay written by Sabih Arkan and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fellow-comparatists, all of them well-known scholars in their fields. They offer insightful views on some of the many tasks of legal scholarship taken up by Dr. Ansay in the course of his long career, including such areas as the following: European competition law Conflicts of labor law conflicts among EC law and various national legal systems European real property law multiple nationality and diplomatic protection fundamental rights and private international law international consumer protection family relations in foreign law and in international family law Rights on immovable properties in Europe international agreements on jurisdiction the Anglo-internationalisation of law and language foreign direct investment protection legal education in Germany The wealth of material in this book represents a treasury of commentary and information that no student of comparative law will want to do without. Because of its array of outstanding authors in the field and its important sidelights on such areas as transplanted law, legal and social change, comparative law methodology, European legal integration and convergence, and cross-border import and export of ideas and institutions, this book is far more than a liber amicorum: it is a major new contribution to the field of comparative law, and will be of great value not only to academics but to lawyers involved in cross-border practice in areas such as family law, human rights law, and international business transactions.
Author : Sjef Erp van
Publisher : Walter de Gruyter
ISBN 13 : 3866539312
Total Pages : 256 pages
Book Rating : 4.8/5 (665 download)
Download or read book The Future of European Property Law written by Sjef Erp van and published by Walter de Gruyter. This book was released on 2012-05-29 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
Author : Gert Brüggemeier
Publisher : Cambridge University Press
ISBN 13 : 1139497626
Total Pages : 301 pages
Book Rating : 4.1/5 (394 download)
Download or read book Modernising Civil Liability Law in Europe, China, Brazil and Russia written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2011-05-19 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
Author : Mathias Reimann
Publisher : OUP Oxford
ISBN 13 : 0191018872
Total Pages : 5495 pages
Book Rating : 4.1/5 (91 download)
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by OUP Oxford. This book was released on 2006-11-16 with total page 5495 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Comparative Law provides a wide-ranging and highly diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty two chapters which are written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Author : Roger Brownsword
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318339
Total Pages : 648 pages
Book Rating : 4.8/5 (473 download)
Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
