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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523141
Total Pages : 241 pages
Book Rating : 4.7/5 (495 download)
Download or read book written by and published by Editions Bréal. This book was released on with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rebecca Williams
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317480
Total Pages : 248 pages
Book Rating : 4.8/5 (473 download)
Download or read book Unjust Enrichment and Public Law written by Rebecca Williams and published by Bloomsbury Publishing. This book was released on 2010-06-30 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines claims involving unjust enrichment and public bodies in France,England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts. Cited with approval in the Court of Appeal by Beatson, LJ in Hemming and others v The Lord Mayor and Citizens of Westminster, [2013] EWCA Civ 5912 Cited with approval in the Supreme Court by Lord Walker, in Test Claimants in the Franked Investment Income Group Litigation (Appellants) v Commissioners of Inland Revenue and another [2012] UKSC 19
Author : John Cartwright
Publisher : Bloomsbury Publishing
ISBN 13 : 184731502X
Total Pages : 950 pages
Book Rating : 4.8/5 (473 download)
Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Author : Max Radin
Publisher : Univ of California Press
ISBN 13 : 0520324544
Total Pages : 704 pages
Book Rating : 4.5/5 (23 download)
Download or read book Legal Essays written by Max Radin and published by Univ of California Press. This book was released on 2023-11-10 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1935.
Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789024730698
Total Pages : 476 pages
Book Rating : 4.7/5 (36 download)
Download or read book Recueil Des Cours, Collected Courses, 1983 written by and published by Martinus Nijhoff Publishers. This book was released on with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Author : Raffaella Sarti
Publisher : Berghahn Books
ISBN 13 : 1785339125
Total Pages : 397 pages
Book Rating : 4.7/5 (853 download)
Download or read book What is Work? written by Raffaella Sarti and published by Berghahn Books. This book was released on 2018-09-21 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every society throughout history has defined what counts as work and what doesn’t. And more often than not, those lines of demarcation are inextricable from considerations of gender. What Is Work? offers a multi-disciplinary approach to understanding labor within the highly gendered realm of household economies. Drawing from scholarship on gender history, economic sociology, family history, civil law, and feminist economics, these essays explore the changing and often contested boundaries between what was and is considered work in different Euro-American contexts over several centuries, with an eye to the ambiguities and biases that have shaped mainstream conceptions of work across all social sectors.
Author : Édouard Guyot
Publisher :
ISBN 13 :
Total Pages : 582 pages
Book Rating : 4.F/5 ( download)
Download or read book Le Socialisme Et L'evolution de L'Angleterre Contemporaine (1880-1911) written by Édouard Guyot and published by . This book was released on 1913 with total page 582 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Christian von Bar
Publisher : sellier. european law publ.
ISBN 13 : 3935808623
Total Pages : 777 pages
Book Rating : 4.9/5 (358 download)
Download or read book Unjustified Enrichment written by Christian von Bar and published by sellier. european law publ.. This book was released on 2010 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.
Author :
Publisher :
ISBN 13 :
Total Pages : 824 pages
Book Rating : 4.F/5 ( download)
Download or read book Revue Du Barreau Canadien written by and published by . This book was released on 1927 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Academie De Droit International De La Ha
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789021891118
Total Pages : 744 pages
Book Rating : 4.8/5 (911 download)
Download or read book Identité et continuité des sujets internationaux written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1971-12-31 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Author : Paul Mitchell
Publisher : Cambridge University Press
ISBN 13 : 1107019001
Total Pages : 253 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Impact of Institutions and Professions on Legal Development written by Paul Mitchell and published by Cambridge University Press. This book was released on 2012 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set contains the results of the second and final stage of an AHRC-funded project which aims to examine the nature of legal development in Western Europe since 1850, focusing on liability for fault. By bringing together experts with different disciplinary backgrounds - comparative lawyers and legal historians, all with an understanding of modern tort law in their own systems - and getting them to work collaboratively, the books produce a more nuanced comparative legal history and one which is theoretically ...
Author :
Publisher :
ISBN 13 :
Total Pages : 478 pages
Book Rating : 4.:/5 (51 download)
Download or read book University of New Brunswick law journal written by and published by . This book was released on 1985 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : K Zweigert
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028603011
Total Pages : 104 pages
Book Rating : 4.6/5 (3 download)
Download or read book International Encyclopaedia of Comparative Law written by K Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Author : Kane Abry
Publisher : Springer Nature
ISBN 13 : 3031376412
Total Pages : 263 pages
Book Rating : 4.0/5 (313 download)
Download or read book The Construction, Sources, and Implications of Consensualism in Contract written by Kane Abry and published by Springer Nature. This book was released on 2023-09-28 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Author : Lionel Smith
Publisher : Routledge
ISBN 13 : 1000160297
Total Pages : 580 pages
Book Rating : 4.0/5 (1 download)
Download or read book Restitution written by Lionel Smith and published by Routledge. This book was released on 2020-11-26 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.
Author : Marcelo G. Kohen
Publisher : Cambridge University Press
ISBN 13 : 1108751385
Total Pages : 191 pages
Book Rating : 4.1/5 (87 download)
Download or read book The Institute of International Law's Resolution on State Succession and State Responsibility written by Marcelo G. Kohen and published by Cambridge University Press. This book was released on 2019-02-14 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marcelo Kohen and Patrick Dumberry explore in an article-by-article commentary the Resolution adopted in 2015 by the Institute of International Law, on state succession in matters of state responsibility. They analyse the content and scope of application of each provision based on a comprehensive survey of existing state practice and judicial decisions (both domestic and international), as well as taking into account the works of scholars and that of the ILC Special Rapporteur in his proposed Draft Articles on the same topic. This book explains the rationale and the reasons behind why the Institute adopted specific solutions to address particular problems of succession to responsibility for each provision, including the need to achieve a fair outcome given the specific circumstances and relevant factors for each case.
Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866538006
Total Pages : 369 pages
Book Rating : 4.8/5 (665 download)
Download or read book Common Frame of Reference and Existing EC Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.
