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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.
Principles of Scottish Private Law: Book VI: Law of trusts, Book VII:Law of succession, Book VIII:Law of civil remedies, Book IX:Law of diligence, Book X:Law of insolvency by David Maxwell Walker Pdf
The Making of European Private Law by J. M. Smits Pdf
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
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: 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.
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.
