The Harmonization Of Civil And Commercial Law In Europe

Author : Gian Antonio Benacchio,Barbara Pasa
Publisher : Central European University Press
Page : 572 pages
File Size : 44,6 Mb
Release : 2005-10-10
Category : Law
ISBN : 9786155053825

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The Harmonization of Civil and Commercial Law in Europe by Gian Antonio Benacchio,Barbara Pasa Pdf

The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration.Engaged in timely and cutting edge research, the authors cast into fine relief the building of a European Common Law. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. In particular, this book seeks to orient lawmakers, as well as those individuals interested in EU law, in the intricacies of consumer protection, contractual law, timesharing, and other important aspects in the harmonization of domestic and EU law books. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.

Author : Morten Fogt
Publisher : Kluwer Law International B.V.
Page : 304 pages
File Size : 53,7 Mb
Release : 2012-07-18
Category : Law
ISBN : 9789041140753

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Unification and Harmonization of International Commercial Law by Morten Fogt Pdf

In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.

Author : Mads Andenas,Camilla Baasch Andersen
Publisher : Edward Elgar Publishing
Page : 641 pages
File Size : 41,7 Mb
Release : 2012
Category : Law
ISBN : 9780857933171

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Theory and Practice of Harmonisation by Mads Andenas,Camilla Baasch Andersen Pdf

Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.

Author : Adriaan F.M. Dorresteijn et al.
Publisher : Kluwer Law International B.V.
Page : 377 pages
File Size : 44,5 Mb
Release : 2022-07-26
Category : Law
ISBN : 9789403532240

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European Corporate Law by Adriaan F.M. Dorresteijn et al. Pdf

This fully updated new edition provides an overview of the law regarding companies, business organizations, and capital markets in Europe, at both the European Union (EU) and Member State levels. It introduces the reader to the EU harmonization programme and describes how this has influenced corporate law in the various EU Member States. The authors describe common denominators as well as differences in the approach of national corporate laws. The authors highlight current and emerging trends in these areas of corporate law, including: the freedom of establishment of companies within the EU; the European harmonization process and Member States’ implementation of EU legislation; employee involvement in business organizations; the division of power between the different corporate bodies; the functioning and regulation of company groups; and cross-border business combinations, takeovers and restructuring tools. The laws of France, Germany and the Netherlands in particular are discussed and contrasted. This discussion also includes the United Kingdom, although no longer an EU Member State. As in earlier editions, the authors demonstrate that analysis and comparison of national corporate laws yield highly valuable general principles and observations, not least because business organizations, wherever located, tend to show a fundamentally similar set of legal characteristics. The Fourth Edition will continue to be of great value to practitioners and academics who wish to acquire a better understanding of European corporate law, in its supranational dimension as well as in the similarities and differences among the various national legal systems. It can also be used as a handbook for comparative corporate law courses.

Author : Eva Storskrubb
Publisher : OUP Oxford
Page : 556 pages
File Size : 48,7 Mb
Release : 2008-03-27
Category : Law
ISBN : 9780191559815

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Civil Procedure and EU Law by Eva Storskrubb Pdf

The regulation of cross border civil and commercial litigation is a burgeoning EU policy area. Legislative measures and other initiatives now provide a framework for the regulation of cross border service of documents, obtaining evidence, establishing jurisdiction and enforcement of judgments, enforcement orders, legal aid, alternative dispute resolution, payment orders, and small claims. In addition, overarching measures have been enacted including the creation of a judicial network and judicial training structures. This book offers the first detailed analysis of the EU's activity in procedural harmonization, spanning civil procedure, private international law and European law. The book situates the development of the policy area and its regulation in relation to broader themes of the European integration process: market building, citizenship, fundamental rights, subsidiarity and governance. It provides a detailed analysis of the legislative measures and assesses their impact on fundamental principles of civil justice, including due process rights. The case-law in the area is also analysed, including the introduction of the principle of mutual recognition. The book concludes with a comparative analysis of the EU's approach with broader international efforts for procedural harmonization.

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 45,9 Mb
Release : 2012-02-02
Category : Law
ISBN : 9789067048163

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
Page : 310 pages
File Size : 53,9 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127846

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Standard Contract Terms in Europe by Hugh Collins Pdf

Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Author : Richard M. Buxbaum,Alain Hirsch,Klaus J. Hopt
Publisher : Walter de Gruyter
Page : 441 pages
File Size : 47,9 Mb
Release : 2012-02-13
Category : Law
ISBN : 9783110906554

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European Business Law by Richard M. Buxbaum,Alain Hirsch,Klaus J. Hopt Pdf

Author : Reiner Schulze,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 289 pages
File Size : 40,9 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539334

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European Private Law - Current Status and Perspectives by Reiner Schulze,Hans Schulte-Nölke Pdf

Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.

Author : Jarrod Wiener
Publisher : Burns & Oates
Page : 248 pages
File Size : 51,7 Mb
Release : 1999
Category : Commercial law
ISBN : STANFORD:36105060435307

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Globalization and the Harmonization of Law by Jarrod Wiener Pdf

Debate about globalization has raised some serious questions about the viability of the state. Jarrod Wiener argues here that there is a danger of making generalizations that the state has lost authority across a range of sovereignty issues.

Author : James Devenney,Mel Kenny
Publisher : Cambridge University Press
Page : 351 pages
File Size : 45,8 Mb
Release : 2013-10-24
Category : Law
ISBN : 9781107038806

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The Transformation of European Private Law by James Devenney,Mel Kenny Pdf

A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.

Author : Gabriël Moens,John Trone
Publisher : Springer Science & Business Media
Page : 486 pages
File Size : 52,7 Mb
Release : 2010-04-23
Category : Law
ISBN : 9789048187744

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Commercial Law of the European Union by Gabriël Moens,John Trone Pdf

? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.

Author : Frederick Wallach
Publisher : Unknown
Page : 200 pages
File Size : 45,6 Mb
Release : 1953
Category : Law
ISBN : UCAL:$B100596

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Introduction to European Commercial Law by Frederick Wallach Pdf

Author : Stefan Vogenauer,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 54,8 Mb
Release : 2006-03-16
Category : Law
ISBN : 9781847311276

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The Harmonisation of European Contract Law by Stefan Vogenauer,Stephen Weatherill Pdf

After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

Author : Abla Mayss,Alan Reed
Publisher : Routledge
Page : 624 pages
File Size : 54,5 Mb
Release : 2018-10-26
Category : Social Science
ISBN : 9780429820366

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European Business Litigation by Abla Mayss,Alan Reed Pdf

First published in 1998, European Business Litigation is a monograph produced as a follow-up step to European Business Law which contains a range of chapters, including a chapter on Business Litigation. Hence, as well as expanding on the issues raised in the chapter, this book provides an insight into the legal and policy problems involved in both the harmonisation process and the substantive EU laws adopted to ameliorate the situation in the field of Private International Law. More specifically, it examines the origin of EU laws in this area, considers the problems with their interpretation and implementation, and addresses the question of whether harmonisation has been achieved.