Benevolent Intervention In Another S Affairs

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Benevolent Intervention in Another's Affairs

Author : Christian von Bar
Publisher : Walter de Gruyter
Page : 448 pages
File Size : 49,8 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537064

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Benevolent Intervention in Another's Affairs by Christian von Bar Pdf

In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.

Principles of European Law

Author : Christian von Bar
Publisher : sellier. european law publ.
Page : 407 pages
File Size : 44,5 Mb
Release : 2005
Category : Civil law
ISBN : 3935808402

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Principles of European Law by Christian von Bar Pdf

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.

The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages

Author : Miso Mudric
Publisher : LIT Verlag Münster
Page : 365 pages
File Size : 42,5 Mb
Release : 2013
Category : History
ISBN : 9783643904058

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The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages by Miso Mudric Pdf

The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)

International Commercial Agreements

Author : Michala Meiselles
Publisher : Edinburgh University Press
Page : 345 pages
File Size : 46,8 Mb
Release : 2013-06-24
Category : Law
ISBN : 9780748679065

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International Commercial Agreements by Michala Meiselles Pdf

What considerations do you need to take into account when planning an agreement? What writing techniques will ensure that your contract is suited to your needs? What provisions should you include in such a contract? Michala Meiselles answers these questio

Ingénierie Juridique Et Le Droit Comparé

Author : Eleanor Cashin-Ritaine,Laetitia Franck,Shaheeza Lalani
Publisher : Unknown
Page : 318 pages
File Size : 53,7 Mb
Release : 2008
Category : Civil law systems
ISBN : STANFORD:36105134426217

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Ingénierie Juridique Et Le Droit Comparé by Eleanor Cashin-Ritaine,Laetitia Franck,Shaheeza Lalani Pdf

Principles, Definitions and Model Rules of European Private Law

Author : Christian von Bar,Eric Clive,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 650 pages
File Size : 44,9 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537279

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Principles, Definitions and Model Rules of European Private Law by Christian von Bar,Eric Clive,Hans Schulte-Nölke Pdf

A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will be published in October 2009.

Germany, Greece, Lithuania, Hungary

Author : Wolfgang Faber,Brigitta Lurger
Publisher : Walter de Gruyter
Page : 713 pages
File Size : 45,7 Mb
Release : 2011-02-28
Category : Law
ISBN : 9783866539006

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Germany, Greece, Lithuania, Hungary by Wolfgang Faber,Brigitta Lurger Pdf

This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This third volume of the series presents "up-to-date" national reports of - Germany - Greece - Lithuania - Hungary

The Code Napoléon Rewritten

Author : John Cartwright,Simon Whittaker
Publisher : Bloomsbury Publishing
Page : 536 pages
File Size : 49,6 Mb
Release : 2017-10-05
Category : Law
ISBN : 9781509911615

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The Code Napoléon Rewritten by John Cartwright,Simon Whittaker Pdf

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

Non-contractual Liability Arising Out of Damage Caused to Another

Author : Christian von Bar
Publisher : sellier. european law publ.
Page : 1441 pages
File Size : 51,9 Mb
Release : 2009
Category : Damages
ISBN : 9783935808637

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Non-contractual Liability Arising Out of Damage Caused to Another by Christian von Bar Pdf

In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. 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 also provides a fairly detailed indication of the present legal situation in the Member States.

Cases, Materials and Text on Contract Law

Author : Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Stefan Vogenauer
Publisher : Bloomsbury Publishing
Page : 1520 pages
File Size : 49,7 Mb
Release : 2019-02-28
Category : Law
ISBN : 9781509912599

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Cases, Materials and Text on Contract Law by Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Stefan Vogenauer Pdf

This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 45,7 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Commentaries on European Contract Laws

Author : Nils Jansen,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 2250 pages
File Size : 43,8 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192508003

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Commentaries on European Contract Laws by Nils Jansen,Reinhard Zimmermann Pdf

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.

The Common European Sales Law in Context

Author : Gerhard Dannemann,Stefan Vogenauer
Publisher : Oxford University Press
Page : 858 pages
File Size : 41,8 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199678907

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The Common European Sales Law in Context by Gerhard Dannemann,Stefan Vogenauer Pdf

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.

Cases and Materials on the Law of Restitution

Author : Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher : Unknown
Page : 1101 pages
File Size : 47,7 Mb
Release : 2007
Category : Law
ISBN : 9780199296514

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Cases and Materials on the Law of Restitution by Andrew S. Burrows,Ewan McKendrick,James Edelman Pdf

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.