Rights And Private Law

Author : Verica Trstenjak,Petra Weingerl
Publisher : Springer
Page : 593 pages
File Size : 43,9 Mb
Release : 2015-12-16
Category : Law
ISBN : 9783319253374

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The Influence of Human Rights and Basic Rights in Private Law by Verica Trstenjak,Petra Weingerl Pdf

This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Author : Donal Nolan,Andrew Robertson
Publisher : Bloomsbury Publishing
Page : 684 pages
File Size : 47,5 Mb
Release : 2011-12-02
Category : Law
ISBN : 9781847317896

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Rights and Private Law by Donal Nolan,Andrew Robertson Pdf

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Author : Donal Nolan,Andrew Robertson
Publisher : Bloomsbury Publishing
Page : 684 pages
File Size : 44,7 Mb
Release : 2011-12-02
Category : Law
ISBN : 9781847318527

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Rights and Private Law by Donal Nolan,Andrew Robertson Pdf

In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Author : David Hoffman
Publisher : Cambridge University Press
Page : 128 pages
File Size : 50,7 Mb
Release : 2011-10-13
Category : Political Science
ISBN : 9781139503204

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The Impact of the UK Human Rights Act on Private Law by David Hoffman Pdf

The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Author : Andrew Robertson,Donal Nolan
Publisher : Unknown
Page : 652 pages
File Size : 54,6 Mb
Release : 2012
Category : Civil law
ISBN : 1472561074

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Rights and Private Law by Andrew Robertson,Donal Nolan Pdf

Author : Kit Barker,Darryn Jensen
Publisher : Cambridge University Press
Page : 387 pages
File Size : 40,5 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781107039117

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Private Law by Kit Barker,Darryn Jensen Pdf

An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Author : Dan Friedmann,Daphne Barak-Erez
Publisher : Bloomsbury Publishing
Page : 400 pages
File Size : 42,5 Mb
Release : 2002-03-12
Category : Law
ISBN : 9781847316851

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Human Rights in Private Law by Dan Friedmann,Daphne Barak-Erez Pdf

Traditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.

Author : Margaret Isabel Hall
Publisher : Unknown
Page : 128 pages
File Size : 44,9 Mb
Release : 2018-03
Category : Electronic
ISBN : 0433498234

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The Canadian Law of Obligations by Margaret Isabel Hall Pdf

Author : Eva-Maria Kieninger
Publisher : Cambridge University Press
Page : 827 pages
File Size : 54,6 Mb
Release : 2004-08-26
Category : Law
ISBN : 9781139454759

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Security Rights in Movable Property in European Private Law by Eva-Maria Kieninger Pdf

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Author : A. S. Hartkamp
Publisher : Unknown
Page : 0 pages
File Size : 46,8 Mb
Release : 2016
Category : Civil law
ISBN : 1780683855

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European Law and National Private Law by A. S. Hartkamp Pdf

European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Author : Daniel Visser
Publisher : Edinburgh University Press
Page : 576 pages
File Size : 55,9 Mb
Release : 2013-07-31
Category : Law
ISBN : 9780748684199

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Private Law and Human Rights by Daniel Visser Pdf

A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Author : Lisa M. Austin,Dennis Klimchuk
Publisher : Oxford University Press, USA
Page : 367 pages
File Size : 55,5 Mb
Release : 2014
Category : Law
ISBN : 9780198729327

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Private Law and the Rule of Law by Lisa M. Austin,Dennis Klimchuk Pdf

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

Author : Jan M. Smits
Publisher : Edward Elgar Publishing
Page : 144 pages
File Size : 50,9 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781784715137

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Advanced Introduction to Private Law by Jan M. Smits Pdf

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, one of the world’s leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches – on contract, tort, property, family and inheritance – are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.

Author : Thomas Barkhuysen,Siewert Doewe Lindenbergh
Publisher : BRILL
Page : 145 pages
File Size : 51,6 Mb
Release : 2006
Category : Law
ISBN : 9789004148529

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Constitutionalisation of Private Law by Thomas Barkhuysen,Siewert Doewe Lindenbergh Pdf

This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

Author : Kit Barker,Darryn Jensen
Publisher : Cambridge University Press
Page : 387 pages
File Size : 40,7 Mb
Release : 2013-12-05
Category : Law
ISBN : 9781107512726

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Private Law by Kit Barker,Darryn Jensen Pdf

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.