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Theorie Critique De La Fraude A La Loi
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Book Synopsis Théorie critique de la fraude à la loi by : Etienne Cornut
Download or read book Théorie critique de la fraude à la loi written by Etienne Cornut and published by Répertoire Defrénois. This book was released on 2006 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: La théorie de la fraude à la loi est ancienne et donne l'impression d'un principe acquis et maîtrisé. Néanmoins, une fois franchi le cap des certitudes, le doute surgit. L'étude de la place et du rôle de la théorie de la fraude à la loi dans le droit international privé contemporain met en évidence une double crise. Crise structurelle d'une part du fait de son incertitude alors que ses contours semblent connus. Crise conjoncturelle d'autre part en raison de son inadaptation aux techniques frauduleuses et à l'évolution de la matière. La théorie de la fraude à la loi conserve néanmoins son rôle lorsque les mécanismes objectifs ne peuvent répondre au développement des techniques frauduleuses ou potentiellement frauduleuses. Mais ce rôle, diminué, doit être redéfini et la notion recadrée. L'analyse de cette crise permet d'envisager les moyens de rétablir l'unité et la cohérence de la théorie. L'étude propose une rénovation de la théorie de la fraude à la loi par une redéfinition des éléments constitutifs de la notion et de la mise en œuvre de la sanction par l'exception de fraude. Cette rénovation passe notamment par une redéfinition de sa complémentarité avec d'autres principes régulateurs du droit, comme l'abus de droit, la simulation ou l'habileté. II est ainsi proposé de recourir à la notion d'abus de droit pour limiter certaines pratiques, notamment le forum shopping. L'étude intègre également des développements en droit communautaire, afin de tenir compte de la communautarisation progressive du droit international privé.
Book Synopsis Théorie critique de la fraude à la loi by : Etienne Cornut (juriste).)
Download or read book Théorie critique de la fraude à la loi written by Etienne Cornut (juriste).) and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La fraude à la loi en droit du travail by : Jean Mouly (professeur de droit privé).)
Download or read book La fraude à la loi en droit du travail written by Jean Mouly (professeur de droit privé).) and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Abuse of EU Law and Regulation of the Internal Market by : Alexandre Saydé
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Download or read book 2005 written by Andrea Bonomi and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: From 2005 on the Yearbook of Private International Law is published by S.ELP in cooperation with the Swiss Institute of Comparative Law. This English-language annual publication provides analysis and information on private international law developments world-wide. The Editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, The Hague Academy, UNCITRAL and UNIDROIT. The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners.
Book Synopsis Yearbook of Private International Law by : P. Sarcevic
Download or read book Yearbook of Private International Law written by P. Sarcevic and published by sellier. european law publ.. This book was released on 2006-06-30 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook of Private International Law is published by Sellier. ELP in cooperation with the Swiss Institute of Comparative Law. This annual publication provides analysis and information on private international law developments world-wide. The editors commission articles of enduring importance concerning the most significant trends in the field. The Yearbook also devotes attention to the important work and research carried out in the context of the Hague Conference, the Hague Academy, the United Nations Commission on International Trade Law (UNCITRAL), and the International Institute for the Unification of Private Law (UNIDROIT). The authority of the editors and the lasting nature of the works included make the Yearbook an integral addition to the libraries of international law scholars and practitioners. Volume VII includes various topics, such as: Hague Convention of 30 June 2005 on Choice of Court Agreements -- General Problems of Private International Law in Modern Codifications-De Lege Lata and De Lege Europea Ferenda -- Maintenance in Private International Law in the United States -- What's New In Latin American Private International Law? -- International Subcontracting in EC Private International Law -- Recognition of Foreign Insolvency Proceedings -- National Reports from South Africa, Ukraine, Brazil, and Italy -- Case Law, Texts, Materials, and Recent Developments
Book Synopsis Yearbook of Private International Law 2006 by : Paul Volken
Download or read book Yearbook of Private International Law 2006 written by Paul Volken and published by sellier. european law publ.. This book was released on 2007 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Main description: Current Volume VIII (2006) of the Yearbook of Private International Law is arguably one of the most comprehensive collections of essays in English-language of our time: It presents the reader with a broad overview on the status and trends of private international law from the United States to India, from France to Tunisia, from England to China, from Latvia to Qatar, from Sweden to Japan. All main areas of law are addressed: among others, marriage, including same-sex marriage, adoption and protection of children, euthanasia and living wills, inheritance, contracts, torts, insolvency. Each of the four traditional steps of the 0conflict process0 is taken into account: adjudicatory jurisdiction, international cooperation and procedure, applicable law and its various incidents, recognition of foreign judgments. Practitioners will especially benefit from several contributions on international arbitration. Benefecial for: scholars, lawyers, judges, notaries, lawyers in law departments of international enterprises, legal libraries, working in the field of Private International Law.
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028609921 Total Pages :704 pages Book Rating :4.6/5 (99 download)
Book Synopsis Recueil Des Cours, Collected Courses, 1937 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses, 1937 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 704 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 .
Book Synopsis Prohibition of Abuse of Law by : Rita de la Feria
Download or read book Prohibition of Abuse of Law written by Rita de la Feria and published by Bloomsbury Publishing. This book was released on 2011-06-09 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789024731770 Total Pages :404 pages Book Rating :4.7/5 (317 download)
Book Synopsis Recueil Des Cours, 1984 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, 1984 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1985-05-01 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028605329 Total Pages :624 pages Book Rating :4.6/5 (53 download)
Book Synopsis Recueil Des Cours, Volume 16 (1927/1) by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Volume 16 (1927/1) written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1972-12-01 with total page 624 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 .
Book Synopsis Recueil Des Cours, Collected Courses 1927 by :
Download or read book Recueil Des Cours, Collected Courses 1927 written by and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 610 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 :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028605824 Total Pages :564 pages Book Rating :4.6/5 (58 download)
Book Synopsis Recueil Des Cours, Collected Courses 1928 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1928 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028610224 Total Pages :716 pages Book Rating :4.6/5 (12 download)
Book Synopsis Recueil Des Cours, Collected Courses, 1938 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses, 1938 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Collected courses of the Hague Academy of International Law by : Hague Academy of International Law
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 1928 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028607026 Total Pages :878 pages Book Rating :4.6/5 (7 download)
Book Synopsis Recueil Des Cours, Collected Courses 1930 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1930 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 878 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028607620 Total Pages :828 pages Book Rating :4.6/5 (76 download)
Book Synopsis Recueil Des Cours, Collected Courses 1932 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses 1932 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt:
