The Politics Of European Codification

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The Politics of European Codification

Peter A. J. van den Berg
The Politics of European Codification Book PDF

Author : Peter A. J. van den Berg
Publisher : Europa Law Publishing
Page : 0 pages
File Size : 55,5 Mb
Release : 2012-08
Category : Electronic
ISBN : 9089521291

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The Politics of European Codification by Peter A. J. van den Berg Pdf

A European codification of private law is in the air. The European Parliament decided in favour of it, the European Commission supports it and many legal scholars are already working on it. The question is: why? This book provides an answer by looking into the history of codification. It focuses on the arguments that were used for the introduction of some modern codifications, such as the French Code civil and the Austrian ABGB. It shows that the realisation of these codifications was closely linked to the process of the formation of states. Since uniformity was thought to be of crucial importance to the formation of a modern state, it was only logical that the unification of law became an important goal, too. Codification was an excellent means to achieve this goal. After all, the most essential feature of these modern codifications was the establishment of the monopoly of the central government on the making of law within its own territory. This historical enquiry thus increases our understanding of the political nature of the endeavours to realise an European codification of private law.

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 : 55,5 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 Politics of a European Civil Code

Martijn W. Hesselink
The Politics of a European Civil Code Book PDF

Author : Martijn W. Hesselink
Publisher : Unknown
Page : 48 pages
File Size : 51,6 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:1290787370

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The Politics of a European Civil Code by Martijn W. Hesselink Pdf

In 2003, the European Commission published its Action Plan on European contract law. That plan formed an important step towards a European Civil Code. In its Plan the Commission tried to depoliticise the codification process by asking a group of academic experts to prepare what it called a 'common frame of reference'. This paper, published in the European Law Journal in 2004, argued that drafting a European Civil Code involves making many choices which are essentially political. It further argued that the technocratic approach which the Commission had adopted in the Action Plan effectively excluded most stakeholders from having their say during the stage when the real choices were made. Therefore, before the drafting of the CFR/ECC starts, the Commission should have submitted a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would have repoliticised the process. It would have increased the democratic basis for a European Civil Code and thus its legitimacy.

The Politics of European Sales Law

Bastiaan van Zelst
The Politics of European Sales Law Book PDF

Author : Bastiaan van Zelst
Publisher : Kluwer Law International B.V.
Page : 294 pages
File Size : 50,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127525

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The Politics of European Sales Law by Bastiaan van Zelst Pdf

"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.

The Struggle for European Private Law

Leone Niglia
The Struggle for European Private Law Book PDF

Author : Leone Niglia
Publisher : Bloomsbury Publishing
Page : 172 pages
File Size : 53,8 Mb
Release : 2015-03-26
Category : Law
ISBN : 9781782253105

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The Struggle for European Private Law by Leone Niglia Pdf

The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

The Foundations of European Private Law

Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
The Foundations of European Private Law Book PDF

Author : Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 499 pages
File Size : 45,8 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847317902

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The Foundations of European Private Law by Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill Pdf

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

The European Codification Process

Ugo Mattei
The European Codification Process Book PDF

Author : Ugo Mattei
Publisher : Kluwer Law International B.V.
Page : 202 pages
File Size : 44,7 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041122308

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The European Codification Process by Ugo Mattei Pdf

This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.

European Law in the Past and the Future

R. C. Caenegem
European Law in the Past and the Future Book PDF

Author : R. C. Caenegem
Publisher : Unknown
Page : 175 pages
File Size : 52,9 Mb
Release : 2002
Category : History
ISBN : 052180938X

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European Law in the Past and the Future by R. C. Caenegem Pdf

As Europe moves towards economic and political unification, many wonder why legal unification occurs so slowly. R. C. Van Caenegem considers the historical reasons behind this diversity, stressing the adoption of the classical law of the Romans and the influence of the rise of the nation states. The impact of politics on legal development is another key factor: a detailed account of how the German past was extolled in Nazi Germany is given. The book concludes with a consideration of the ongoing debate on the desirability of European legal unification.

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 : 48,5 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.

The Code of Capital

Katharina Pistor
The Code of Capital Book PDF

Author : Katharina Pistor
Publisher : Princeton University Press
Page : 315 pages
File Size : 40,7 Mb
Release : 2020-11-03
Category : Business & Economics
ISBN : 9780691208602

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The Code of Capital by Katharina Pistor Pdf

"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.

Principles, Definitions and Model Rules of European Private Law

Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Principles Definitions and Model Rules of European Private Law Book PDF

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 53,9 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

ReNEUAL Model Rules on EU Administrative Procedure

Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
ReNEUAL Model Rules on EU Administrative Procedure Book PDF

Author : Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller
Publisher : Oxford University Press
Page : 331 pages
File Size : 44,5 Mb
Release : 2017
Category : Law
ISBN : 9780198795308

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ReNEUAL Model Rules on EU Administrative Procedure by Paul Craig,Herwig Hofmann,Jens-Peter Schneider,Jacques Ziller Pdf

The Research Network on EU Administrative Law (ReNEUAL) was established in 2009 and now comprises well over one hundred scholars and practitioners active in the field of EU and comparative public law. The aim of the network is to contribute to the development of a legal framework in which the constitutional values of the EU can be embedded in the exercise of public authority. Drafted by four working groups addressing the main aspects of EU administrative procedure, the ReNEUAL Model Rules offer a toolkit for European and domestic authorities seeking to regulate administrative action, reinforcing general principles of EU law and identifying, on the basis of comparative research, best practices in different specific policies of the EU. The book includes an extended introduction chapter, followed by the Model Rules, which are organised into six parts. Part I addresses general issues concerning the scope of the Model Rules and their relation to existing rules in EU legislation and Member State law; Part II is concerned with rulemaking by EU institutions, bodies, offices, and agencies; Part III focuses on single case decision-making by EU institutions, bodies, offices, and agencies; Part IV addresses contracts of EU institutions, bodies, offices, and agencies; Part V discusses mutual assistance between administrations; and Part VI addresses inter-administrative information management.

Regulating Eu Capital Markets Union

Rüdiger Veil
Regulating Eu Capital Markets Union Book PDF

Author : Rüdiger Veil
Publisher : Oxford University Press
Page : 545 pages
File Size : 42,7 Mb
Release : 2024-06-14
Category : Law
ISBN : 9780192882660

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Regulating Eu Capital Markets Union by Rüdiger Veil Pdf

This is the first of a two-volume series that examines the current EU capital markets regimes and explores codification as a means for achieving a true single market for capital in Europe.

Protecting the right to freedom of expression under the European Convention on Human Rights

Bychawska-Siniarska, Dominika
Protecting the right to freedom of expression under the European Convention on Human Rights Book PDF

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
Page : 124 pages
File Size : 54,9 Mb
Release : 2017-08-04
Category : Political Science
ISBN : 8210379456XXX

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Protecting the right to freedom of expression under the European Convention on Human Rights by Bychawska-Siniarska, Dominika Pdf

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Codifying Contract Law

Mary Keyes,Therese Wilson
Codifying Contract Law Book PDF

Author : Mary Keyes,Therese Wilson
Publisher : Routledge
Page : 240 pages
File Size : 51,6 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.