A History Of Private Law In Scotland Volume 2 Obligations
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A History of Private Law in Scotland: Volume 2: Obligations by Kenneth Reid,Reinhard Zimmermann (jurist) Pdf
This two-volume series offers the first detailed and systematic account of the history of private law in Scotland. Volume 2 covers topics such as insurance, negligence, liability, breach of contract, unfair contract terms, sale, and defamation.
A History of Private Law in Scotland by Kenneth Reid Pdf
Scotland has a special claim for the attention of comparative lawyers, of legal historians and of those who seek to identify a common core in European private law or to develop a new jus commune. For Scotland stands at the intersection of the two great traditions of European law - of the law of Rome, received and developed in Continental Europe and of the law which originated in England but was exported throughout the British Empire. In Scotland, uniquely in Europe, there is to be found a fusion of the civil law and the common law. Law in Scotland has a long history, uninterrupted either by revolution or by codification. It is rich in source material, both printed and archival. Yet hitherto the history of legal doctrine has been relatively neglected. This work is a detailed and systematic study in the field of private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day. A picture emerges of the slow but profound reception of civil law, beginning in the medieval period and continuing until the eighteenth century and of the influential role of Canon law.
A History of Private Law in Scotland by Kenneth G. C. Reid,Reinhard Zimmermann (jurist) Pdf
Law in Scotland has a long history, uninterrupted either by revolution or by codification. This work is the first detailed and systematic study in the field of Scottish private law. It takes key topics from the law of obligations and the law of property and traces their development from earliest times to the present day.
A History of Private Law in Scotland: Vol. 1. Vol. 1 by Reinhard Zimmermann Pdf
This work is a detailed study of the field of private law. It takes key topics from the law of obligations and the law of property and traces their historical development.
Andreas Rahmatian explains Kames' conceptions of legal philosophy, including black-letter law, legal science, legal theory, legal sociology and anthropology in its early stages, setting them in the context of the Scottish Enlightenment.
Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. The book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually incoherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests. This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.
David M. Walker,Bloomsbury Professional Bloomsbury Professional
Author : David M. Walker,Bloomsbury Professional Bloomsbury Professional Publisher : Bloomsbury Professional Page : 0 pages File Size : 45,9 Mb Release : 2007-09-11 Category : Law ISBN : 1845927257
Legal History of Scotland Vol II by David M. Walker,Bloomsbury Professional Bloomsbury Professional Pdf
"Professor Walker's Legal History of Scotland will be published in seven volumes. It is the only attempt yet made to write a chronological narrative account of the development of the Scottish legal system from early times on a substantial scale, with extensive reference to original sources. That development is wholly different from that of the English legal system. Attention is given at all stages to sources and legal literature, the influences of other legal systems, the courts and procedure, the lawyers, the roles of Parliament and the Privy Council, and to public, criminal and private law, both substantive and procedural.The second volume is a narrative account examining and describing the law of Scotland as it evolved in the late Medieval period from 1286 to 1488. The events covered include attempts to develop a central superior court, the development of Sheriff, Baron and Regality Courts and the law of the Church and the burghs."
European Contract Law by Bénédicte Fauvarque-Cosson,Denis Mazeaud Pdf
The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Roman Law, Scots Law and Legal History by Gordon William Gordon Pdf
W M Gordon, who retired from the Douglas Chair of Civil Law at the University of Glasgow in 1999, is well known for his distinguished contribution to Roman law, legal history and land law. He is the author of several books in these subject areas, but it is a mark of his international eminence that much of his prolific output has been published in a wide variety of journals and essay collections outside, as well as within, the UK. This important collection draws together in an accessible format much of his most important writing and, as such, will be in indispensable purchase for all those interested in these core areas of legal scholarship.
MacQueen and Thomson Contract Law in Scotland by Hector L MacQueen Pdf
Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'
A strikingly original work that shows how treatments of and attitudes towards suicide can illuminate our understanding of the social, political, and cultural history of early modern Britain.
Performance-Oriented Remedies in European Sale of Goods Law by Vanessa Mak Pdf
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Author : Christian von Bar,Ulrich Drobnig Publisher : Walter de Gruyter Page : 574 pages File Size : 47,7 Mb Release : 2009-04-27 Category : Law ISBN : 9783866537316
The Interaction of Contract Law and Tort and Property Law in Europe by Christian von Bar,Ulrich Drobnig Pdf
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
