Codifying Contract Law

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Codifying Contract Law

Mary Keyes,Therese Wilson
Codifying Contract Law Book PDF

Author : Mary Keyes,Therese Wilson
Publisher : Routledge
Page : 240 pages
File Size : 51,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317164838

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Codifying Contract Law by Mary Keyes,Therese Wilson Pdf

Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.

Codifying Choice of Law Around the World

Symeon Symeonides
Codifying Choice of Law Around the World Book PDF

Author : Symeon Symeonides
Publisher : Oxford University Press, USA
Page : 466 pages
File Size : 53,6 Mb
Release : 2014
Category : Law
ISBN : 9780199360840

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Codifying Choice of Law Around the World by Symeon Symeonides Pdf

"The book is a comparative study of the choice-of-law codifications and convenƯ tions adopted in each of the inhabited continents in the last so years. Its main purpose is to document and inform rather than to critique. Although I do not always hide my opinion, I continue to act on the conviction that what we can learn from legislators is far more important than what they can learn from us" -- PREFACE.

Contract Law in Japan

Hiroo Sono,Luke Nottage,Andrew Pardieck,Kenji Saigusa
Contract Law in Japan Book PDF

Author : Hiroo Sono,Luke Nottage,Andrew Pardieck,Kenji Saigusa
Publisher : Kluwer Law International B.V.
Page : 268 pages
File Size : 52,5 Mb
Release : 2018-12-12
Category : Law
ISBN : 9789403507422

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Contract Law in Japan by Hiroo Sono,Luke Nottage,Andrew Pardieck,Kenji Saigusa Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Regional Private Laws and Codification in Europe

Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Regional Private Laws and Codification in Europe Book PDF

Author : Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Publisher : Cambridge University Press
Page : 335 pages
File Size : 51,8 Mb
Release : 2003-10-16
Category : Law
ISBN : 9781139438780

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Regional Private Laws and Codification in Europe by Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau Pdf

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.

Codifying Choice of Law Around the World

Symeon C. Symeonides
Codifying Choice of Law Around the World Book PDF

Author : Symeon C. Symeonides
Publisher : Unknown
Page : 411 pages
File Size : 50,9 Mb
Release : 2017
Category : Electronic
ISBN : OCLC:1026371317

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Codifying Choice of Law Around the World by Symeon C. Symeonides Pdf

Índice: 1 Introduction - 2 Law Governing Tort Conflicts - 3 Party Autonomy in Contract Conflicts - 4 Codification and Flexibility - 5 Broad or Narrow Choice of Law: Issue-by-Issue Choice and Dépeçage - 6 Codification and Result Selectivism - 7 The Publicization of PIL: Unilateralism, State Interests, and International Uniformity - 8 Conclusions.

Towards a Chinese Civil Code

Anonim
Towards a Chinese Civil Code Book PDF

Author : Anonim
Publisher : Martinus Nijhoff Publishers
Page : 576 pages
File Size : 50,9 Mb
Release : 2012-11-13
Category : Law
ISBN : 9789004204881

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Towards a Chinese Civil Code by Anonim Pdf

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

The Oxford Handbook of European Legal History

Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
The Oxford Handbook of European Legal History Book PDF

Author : Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey
Publisher : Oxford University Press
Page : 1264 pages
File Size : 51,9 Mb
Release : 2018-06-28
Category : Law
ISBN : 9780191088377

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The Oxford Handbook of European Legal History by Heikki Pihlajamäki,Markus D. Dubber,Mark Godfrey Pdf

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Tradition, Codification and Unification

J. H. A. Lokin,John Michael Milo,J. M. Smits
Tradition Codification and Unification Book PDF

Author : J. H. A. Lokin,John Michael Milo,J. M. Smits
Publisher : Unknown
Page : 0 pages
File Size : 49,9 Mb
Release : 2014
Category : Civil law
ISBN : 1780682239

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Tradition, Codification and Unification by J. H. A. Lokin,John Michael Milo,J. M. Smits Pdf

Two hundred years ago, many civil law jurisdictions adhered to exclusive national codifications of private law and abandoned the old Ius Commune. Other jurisdictions in the civilian tradition did not engage in codifying private law and continued along lines of authoritative opinions, case law, and fragmented legislation. In contemporary days, the shades of national law slowly melt away, and we imagine a future where new common laws will continue to take shape. This book deals with this mirror image and explores the law in its everlasting tension between tradition and change. Historic and comparative analyses from European, Latin American, and South African jurisdictions provide perspectives on the role of substance, methodology, institutions, as well as individuals in developments of law towards the future. (Series: Ius Commune Europaeum - Vol. 128)

European Contract Law

Hector MacQueen
European Contract Law Book PDF

Author : Hector MacQueen
Publisher : Edinburgh University Press
Page : 400 pages
File Size : 54,8 Mb
Release : 2019-08-05
Category : Contracts
ISBN : 9781474470582

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European Contract Law by Hector MacQueen Pdf

This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.

A Concise History of the Common Law

Theodore Frank Thomas Plucknett
A Concise History of the Common Law Book PDF

Author : Theodore Frank Thomas Plucknett
Publisher : The Lawbook Exchange, Ltd.
Page : 828 pages
File Size : 45,7 Mb
Release : 2001
Category : Common law
ISBN : 9781584771371

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A Concise History of the Common Law by Theodore Frank Thomas Plucknett Pdf

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Contract Interpretation in Investment Treaty Arbitration

Yuliya Chernykh
Contract Interpretation in Investment Treaty Arbitration Book PDF

Author : Yuliya Chernykh
Publisher : BRILL
Page : 629 pages
File Size : 48,6 Mb
Release : 2022-01-17
Category : Law
ISBN : 9789004414709

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Contract Interpretation in Investment Treaty Arbitration by Yuliya Chernykh Pdf

Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Law as a Means to an End

Rudolf von Jhering
Law as a Means to an End Book PDF

Author : Rudolf von Jhering
Publisher : The Lawbook Exchange, Ltd.
Page : 548 pages
File Size : 43,8 Mb
Release : 1999
Category : Law
ISBN : 9781584770091

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Law as a Means to an End by Rudolf von Jhering Pdf

Jhering, Rudolph von. Law as a Means to an End. Translated from the German by Isaac Husik with an Editorial Preface by Joseph H. Drake and with Introductions by Henry Lamm and W.M. Geldart. Boston: The Boston Book Company, 1913. lxi, 483 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 99-23754. ISBN 1-58477-009-0. Cloth. $80. * Originally published as Volume V of the Modern Legal Philosophy Series. Influential landmark of nineteenth century jurisprudence on which the modern concept of social utilitarianism is based. Jhering [1818-1892] advances the idea that law should be used to realize social justice. The Struggle for Law, another Jhering classic, is also available as a reprint published by The Lawbook Exchange.

The American Choice-of-law Revolution

Symeon Symeonides
The American Choice of law Revolution Book PDF

Author : Symeon Symeonides
Publisher : Hague Academy of International
Page : 516 pages
File Size : 47,6 Mb
Release : 2006
Category : Law
ISBN : STANFORD:36105064129773

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The American Choice-of-law Revolution by Symeon Symeonides Pdf

Foreword; Tables; Charts and Maps; Biographical Note; Principal Publications; Chapter I Introduction; Chapter II The Scholastic Revolution; Chapter III The Judicial Revolution; Chapter IV The Choice-of-law Revolution Today; Chapter V The Distinction between Conduct-regulation and Loss-distribution in Tort Conflicts; Chapter VI Loss-distribution Tort Conflicts; Chapter VII Conduct-Regulation Tort Conflicts; Chapter VIII Products Liability; Chapter IX The American Choice-of-law Revolution: A Macro View; Chapter X The Next Phase in Choice of Law; Table of Cases; Bibliography; Index.

The Politics of a European Civil Code

Martijn Willem Hesselink
The Politics of a European Civil Code Book PDF

Author : Martijn Willem Hesselink
Publisher : Kluwer Law International B.V.
Page : 210 pages
File Size : 42,5 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124104

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The Politics of a European Civil Code by Martijn Willem Hesselink Pdf

With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case

The History of Law in Europe

Bart Wauters,Marco de Benito
The History of Law in Europe Book PDF

Author : Bart Wauters,Marco de Benito
Publisher : Edward Elgar Publishing
Page : 200 pages
File Size : 50,6 Mb
Release : 2017-04-28
Category : Electronic
ISBN : 9781786430762

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The History of Law in Europe by Bart Wauters,Marco de Benito Pdf

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.