Identität Des Deutschen Und Des Japanischen Zivilrechts In Vergleichender Betrachtung

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The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung

Author : Zentaro Kitagawa,Karl Riesenhuber
Publisher : Walter de Gruyter
Page : 293 pages
File Size : 48,8 Mb
Release : 2011-12-22
Category : Law
ISBN : 9783110919158

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The Identity of German and Japanese Civil Law in Comparative Perspectives / Die Identität des deutschen und des japanischen Zivilrechts in vergleichender Betrachtung by Zentaro Kitagawa,Karl Riesenhuber Pdf

Developments of the law in Japan and in Germany provide ample reason for an inquiry into “The Identity of Japanese and German Civil Law”. Japanese civil law has a long tradition of absorbing and digesting foreign influences, - in particular from Germany, France, England and the United States. The absorption of foreign influences occurred on various levels: at the legislative level, in particular during the drafting process of the Civil Code, at the judicial level and in the field of scholarship. The reception of legal theories was followed by a unique process that has been characterised as “theory reception” (Kitagawa). Irrespective of such foreign influences, we can discern a unique legal tradition in Japan - in other words, its own identity. At the same time, German private law is under the influence of legal harmonisation in the EU. While the predominant view in the 1980's was still that this development was confined to a restricted area - that of “consumer law” - recent developments demonstrate that European Union legislation now influences large parts of German civil law. What does this mean in terms of the identity of German civil law? And how does this development of a “Europeanization” of German civil law affect related legal systems, such as that of Japan? The present volume contains the proceedings of a conference held in Japan in 2006 to mark the occasion of the “Germany Year in Japan”. In their contributions, Japanese scholars discuss the various influences on Japanese law; German scholars enquire into the Europeanization of German private law; and finally, the identity of Japanese civil law is discussed from the perspectives of German civil law and of common law.

Legal Agreements on Smart Contract Platforms in European Systems of Private Law

Author : Jasper Verstappen
Publisher : Springer Nature
Page : 424 pages
File Size : 50,6 Mb
Release : 2023-06-23
Category : Law
ISBN : 9783031354076

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Legal Agreements on Smart Contract Platforms in European Systems of Private Law by Jasper Verstappen Pdf

Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.

Legal Education in Asia

Author : Stacey Steele,Kathryn Taylor
Publisher : Routledge
Page : 349 pages
File Size : 45,8 Mb
Release : 2009-12-07
Category : Business & Economics
ISBN : 9781135182373

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Legal Education in Asia by Stacey Steele,Kathryn Taylor Pdf

This book is a critique of the rapidly changing nature of legal education in major Asian jurisdictions as diverse as Afghanistan, Australia, Cambodia, China, Hong Kong, Indonesia, Japan, Korea, Singapore, Taiwan and Vietnam. It provides cross-country comparative material, including western legal education systems, and particularly detailed coverage of Japan.

International Parental Child Abduction and the Law

Author : Geraldine Carney
Publisher : Taylor & Francis
Page : 112 pages
File Size : 41,7 Mb
Release : 2024-06-13
Category : Law
ISBN : 9781040037164

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International Parental Child Abduction and the Law by Geraldine Carney Pdf

Japan has faced widespread scrutiny for failing to properly address international parental child abduction involving its citizens. This book examines how and why Japan has come to have this tarnished image, its response, and how it might manage these disputes in the future. In particular, the book explores how Japan engages with international legal frameworks to manage international parental child abduction and what this means, in reality, for Japanese people and others who come under its wide umbrella. A focus of this examination is how the key international treaty, the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, has fared since being introduced in Japan in 2014. Case studies of parental child abduction involving Japan are used throughout to illustrate the legal and social concepts discussed in the book. The struggles of both abducting and left-behind parents across fluid international borders reveal seismic social and philosophical shifts in Japan that continue to shape its legal landscape. This book will be a useful resource for students of Japanese Studies, Sociolegal Studies, Comparative Law and International Law.

The Scope and Structure of Civil Codes

Author : Julio César Rivera
Publisher : Springer Science & Business Media
Page : 477 pages
File Size : 52,5 Mb
Release : 2014-02-04
Category : Law
ISBN : 9789400779426

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The Scope and Structure of Civil Codes by Julio César Rivera Pdf

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.

Governance of Intellectual Property Rights in China and Europe

Author : Nari Lee, Niklas Bruun,Mingde Li
Publisher : Edward Elgar Publishing
Page : 416 pages
File Size : 48,9 Mb
Release : 2016-01-29
Category : Law
ISBN : 9781783478217

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Governance of Intellectual Property Rights in China and Europe by Nari Lee, Niklas Bruun,Mingde Li Pdf

Intellectual property (IP) law has been widely discussed in recent scholarship, though many recent works explore the topic from a largely descriptive perspective. This book provides an analytical and comparative study of Chinese and European IP law, as well as an analysis of system reforms in China. The book highlights, in three parts, intellectual property for innovation and creativity in China, comparing concepts and norms in Chinese and European IP law, and governance of practices and IP enforcement. Demonstrating that the governance of IP rights requires the adoption of a set of norms, the contributors also argue that success is dependent on a transformation of the perspectives and implementation. Students and scholars of IP law, and Chinese IP law in particular, will find this book to be a valuable resource to their work. It will also be of interest to IP practitioners looking for an insight into system reforms in China.

Paul Koschaker (1879-1951)

Author : Tommaso Beggio
Publisher : Universitatsverlag Winter
Page : 0 pages
File Size : 44,8 Mb
Release : 2018
Category : Law teachers
ISBN : 382536884X

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Paul Koschaker (1879-1951) by Tommaso Beggio Pdf

This book aims to investigate the life and work of Paul Koschaker (1879-1951), who was one of the most prominent legal historians during the first half of the 20th century. From the 1930s onwards, Koschaker is renowned for having attempted reaffirm the authority of Roman law, which was experiencing a major crisis at German universities at the time, mainly due to the Nazi regime's disdain for this subject. Above all, he intend to emphasise the role Roman law played as a cornerstone of European legal tradition, as was masterfully depicted in his book 'Europa und das romische Recht'. Moreover, Koschaker had many other areas of interest throughout his career, such as cuneiform laws and comparative legal history issues. This work in particular attempts to provide the first comprehensive study of Koschaker's biographical experiences, as well as his scientific and academic stances, which have come to light as a result of the discovery and analysis of numerous previously unpublished archival sources.

How Japan Defends Itself

Author : Kumiko Ahr
Publisher : vdf Hochschulverlag AG
Page : 160 pages
File Size : 41,5 Mb
Release : 2014-06-10
Category : East Asia
ISBN : 9783728136091

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How Japan Defends Itself by Kumiko Ahr Pdf

This work analyzes the necessity of changing Japan's present defense policy. The discussion of Japan's defense strategy has been an unpopular topic in Japan for a long time. The reason lies in its gruesome military aggression during the Second World War. Until the end of the Cold War, Japan did not show big concerns about its defense politics because the United States had protected it from communist enemies. Today, however, China's emerging power and North Korea's nuclearization pose serious threats. America, by contrast, suffers from great financial debts and is facing declining military forces. Japan's main doubt has thus come to light: Would America protect Japan in the case of hostile events? Since the world remains a realistic world, nuclearization can be an option in order to deter enemies. It turned out that Japan has not much of a choice but could provoke a discussion to overcome the nuclear dilemma.

Artificial Intelligence for Business

Author : Rajendra Akerkar
Publisher : Springer
Page : 81 pages
File Size : 48,6 Mb
Release : 2018-08-11
Category : Business & Economics
ISBN : 9783319974361

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Artificial Intelligence for Business by Rajendra Akerkar Pdf

This book offers a practical guide to artificial intelligence (AI) techniques that are used in business. The book does not focus on AI models and algorithms, but instead provides an overview of the most popular and frequently used models in business. This allows the book to easily explain AI paradigms and concepts for business students and executives. Artificial Intelligence for Business is divided into six chapters. Chapter 1 begins with a brief introduction to AI and describes its relationship with machine learning, data science and big data analytics. Chapter 2 presents core machine learning workflow and the most effective machine learning techniques. Chapter 3 deals with deep learning, a popular technique for developing AI applications. Chapter 4 introduces recommendation engines for business and covers how to use them to be more competitive. Chapter 5 features natural language processing (NLP) for sentiment analysis focused on emotions. With the help of sentiment analysis, businesses can understand their customers better to improve their experience, which will help the businesses change their market position. Chapter 6 states potential business prospects of AI and the benefits that companies can realize by implementing AI in their processes.

Secure Programming with Static Analysis

Author : Brian Chess,Jacob West
Publisher : Pearson Education
Page : 1099 pages
File Size : 49,8 Mb
Release : 2007-06-29
Category : Computers
ISBN : 9780132702027

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Secure Programming with Static Analysis by Brian Chess,Jacob West Pdf

The First Expert Guide to Static Analysis for Software Security! Creating secure code requires more than just good intentions. Programmers need to know that their code will be safe in an almost infinite number of scenarios and configurations. Static source code analysis gives users the ability to review their work with a fine-toothed comb and uncover the kinds of errors that lead directly to security vulnerabilities. Now, there’s a complete guide to static analysis: how it works, how to integrate it into the software development processes, and how to make the most of it during security code review. Static analysis experts Brian Chess and Jacob West look at the most common types of security defects that occur today. They illustrate main points using Java and C code examples taken from real-world security incidents, showing how coding errors are exploited, how they could have been prevented, and how static analysis can rapidly uncover similar mistakes. This book is for everyone concerned with building more secure software: developers, security engineers, analysts, and testers.

Digitization and the Law

Author : Eric Hilgendorf,Jochen Feldle
Publisher : Nomos Verlag
Page : 140 pages
File Size : 47,9 Mb
Release : 2018-03-02
Category : Law
ISBN : 9783845289304

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Digitization and the Law by Eric Hilgendorf,Jochen Feldle Pdf

Neue Technologien bedeuten neue Herausforderungen für das Recht. Das Internet ist kein Neuland mehr, kritische Themen wie Cyberattacken, Privatsphäre, der Schutz Minderjähriger oder auch das Cloud Computing sind jedoch keinesfalls ausdiskutiert. Die zunehmende Digitalisierung und Technisierung beschränkt sich nicht auf das World Wide Web. Der automatisierte Straßenverkehr ist ein ebenso zukunftsweisendes Thema, dessen Entwicklung rechtlich begleitet werden muss. Im vorliegenden Band sind Forschungsarbeiten von Rechtwissenschaftlern aus Deutschland, den USA, Kanada und Griechenland zusammengefasst. Die von Prof. Eric Hilgendorf und Prof. Susanne Beck herausgegebene Reihe Robotik und Recht widmet sich der Diskussion praxisrelevanter Rechtsfragen zu Robotik, Technisierung und Digitalisierung. Mit Beiträgen von Prof. Eric Hilgendorf, Prof. Susanne Beck, Prof. Mark Kende, Prof. Ari Ezra Waldman, Prof. Maria Kaiafa-Gbandi, Prof. Sara Sun Beale and Peter Berris, Prof. Frank Peter Schuster

Handbook on the Economics of Sport

Author : Wladimir Andreff,Stefan Szymanski
Publisher : Edward Elgar Publishing
Page : 849 pages
File Size : 55,8 Mb
Release : 2006
Category : Sports & Recreation
ISBN : 9781847204073

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Handbook on the Economics of Sport by Wladimir Andreff,Stefan Szymanski Pdf

The editors should be commended for taking on such a big task, and succeeding so well. This book should be in the library of every institution where students have to write a paper that may be related to sport, or on the shelf of any lecturer teaching economics or public finance who has even a remote interest in sport. The material is very accessible, and useful in many different settings. Ruud H. Koning, Jahrbücher f. Nationalökonomie u. Statistik Edward Elgar s brilliant market niche is identifying a topic in economics, finding editors who know the area backwards and challenging them to assemble the best cross-section of relevant articles either already published or newly commissioned. Handbook on the Economics of Sport is Edward Elgar at its very best. If you love economics you ll find many fascinating insights here; if you love sport but know little economics then this book is mostly accessible and will teach you a lot; and if you are a sports-mad economist then you will be in hog heaven. Furthermore, if, like this reviewer, you are broadly very sceptical about the reports consultants produce for governments on the supposed economic windfall from hosting a big event or subsidising a stadium then you will get a lot of good counter-arguments in this volume. Indeed there are several chapters on the above theme that I m sure I ll be copying frequently to government officials in years to come. . . The demand for sport is a fascinating subject and it is hard to pick out just one chapter from the second section. Read them all they make a wonderful 65-page treat. . . Part VI was a real feast, a smorgasbord. . . This is a magnificent piece of work and the 36-page index rounds it all off splendidly. John Blundell, Economic Affairs The book covers the most important areas of research of an emerging economic sub-discipline spanning the past half a century. It serves admirably the purpose of an introduction into the rich and growing area of reflection for all concerned. . . the editors and authors of the Handbook have done a commendable job of accumulating sophisticated material for many economists, managers, politicians and self-conscious fans, who are sure to find excellent training ground for the whole heptathlon. . . This book will be invaluable for advanced students investigating professional sport. From the point of view of lawyers, particularly those engaged with the relationship between law and sports governance, the Handbook offers invaluable analysis of the economic issues that are alluded to in those debates but rarely examined in detail. . . These insights will also prove useful for policy analysts and sports administrators for whom many sections should be considered mandatory reading. Aleksander Sulejewicz, Journal of Contemporary European Research Over 800 pages on the economics of sport. What a feast! What a treat! The editors have done a wonderful job both in terms of breadth from David Beckham to child labour in Pakistan and depth, tournaments and luxury taxes for example. . . The 86 chapters are uniformly of a very high standard and illuminating. And there are real gems in some of the contributions. British Journal on the Economics of Sport This very interesting and comprehensive book achieves its objective, namely to present an overview of research in sports economics at an introductory level. . . [The editors] have produced an excellent reference book that belongs in all academic institutions libraries. It provides extensive introduction to the growing body of literature in the rising field of economics of sport. The book s relevant monographs should be read by institutions, cities and countries prior to their committing major resources towards sports facilities or a sporting event. James Angresano, Journal of Sports Economics One could think of this book as the sports-and-economics counterpart to Joy of Cooking, because it will satisfy the needs of those with a keen interest in such subjects as the

Building Sustainable Peace

Author : Arnim Langer,Graham K. Brown
Publisher : Oxford University Press
Page : 496 pages
File Size : 49,5 Mb
Release : 2016-06-16
Category : Business & Economics
ISBN : 9780191074547

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Building Sustainable Peace by Arnim Langer,Graham K. Brown Pdf

Countries emerging from civil war or protracted violence often face the daunting challenge of rebuilding their economy while simultaneously creating the political and social conditions for a stable peace. The implicit assumption in the international community that rapid political democratisation along with economic liberalisation holds the key to sustainable peace is belied by the experiences of countries such as Iraq and Afghanistan. Often, the challenges of post-conflict reconstruction revolve around the timing and sequencing of different reform that may have contradictory implications. Drawing on a range of thematic studies and empirical cases, this book examines how post-conflict reconstruction policies can be better sequenced in order to promote sustainable peace. The book provides evidence that many reforms that are often thought to be imperative in post-conflict societies may be better considered as long-term objectives, and that the immediate imperative for such societies should be 'people-centred' policies.

Heritage Regimes and the State

Author : Bendix, Regina,Eggert, Aditya,Peselmann, Arnika
Publisher : Universitätsverlag Göttingen
Page : 422 pages
File Size : 45,9 Mb
Release : 2013-07-02
Category : Social Science
ISBN : 9783863951221

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Heritage Regimes and the State by Bendix, Regina,Eggert, Aditya,Peselmann, Arnika Pdf

What happens when UNESCO heritage conventions are ratified by a state? How do UNESCO’s global efforts interact with preexisting local, regional and state efforts to conserve or promote culture? What new institutions emerge to address the mandate? The contributors to this volume focus on the work of translation and interpretation that ensues once heritage conventions are ratified and implemented. With seventeen case studies from Europe, Africa, the Caribbean and China, the volume provides comparative evidence for the divergent heritage regimes generated in states that differ in history and political organization. The cases illustrate how UNESCO’s aspiration to honor and celebrate cultural diversity diversifies itself. The very effort to adopt a global heritage regime forces myriad adaptations to particular state and interstate modalities of building and managing heritage.

China and International Commercial Dispute Resolution

Author : Qiao Liu,Wenhua Shan
Publisher : BRILL
Page : 368 pages
File Size : 46,7 Mb
Release : 2015-10-30
Category : Law
ISBN : 9789004306738

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China and International Commercial Dispute Resolution by Qiao Liu,Wenhua Shan Pdf

China and International Commercial Dispute Resolution is a unique collection of papers which deal expertly with legal issues arising from international commercial dispute resolution in China, utilizing a multiplicity of approaches including doctrinal, comparative, empirical, economic and legal analyses.