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Author : Antonio Gambaro,Alfredo Mordechai Rabello
Publisher : Unknown
Page : 705 pages
File Size : 47,7 Mb
Release : 1999
Category : International law
ISBN : OCLC:264935485
Author : J. M. Smits
Publisher : Intersentia nv
Page : 322 pages
File Size : 46,6 Mb
Release : 2002
Category : Civil law
ISBN : 9789050951913
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.
Author : Johanna Henriïette Van Hedel
Publisher : Unknown
Page : 208 pages
File Size : 49,5 Mb
Release : 2004
Category : Civil law
ISBN : OCLC:61742659
"We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive." --
Author : Michael G. Faure,Universiteit Maastricht. Faculteit der Rechtsgeleerdheid
Publisher : Intersentia nv
Page : 1 pages
File Size : 50,5 Mb
Release : 2002
Category : Droit - Pays de l'Union européenne - Congrès
ISBN : 9789050952507
This book is devoted to the growing internationalisation of the legal disciplines from both a scholarly and an educational perspective. Its contributions were presented at a conference to celebrate the 20th anniversary of the Maastricht Faculty of Law. There, not only the state of the main legal disciplines from the perspective of the emerging common law of Europe was discussed, but also a debate was held about the way to teach the law to future generations of students. This book contains contributions of Daan Asser, Katharina Boele-Woelki, Sabine Gle2, Stefan Grundmann, Ton Hartlief, Aalt Willem Heringa, Ewoud Hondius, André Klip, Kalle Määttä, Hector L. McQueen, Ulrich Magnus, Dieter Martiny, Peter-Christian Müller-Graff, Knut Wolfgang Nörr, Remco van Rhee, Michael Rodi, Jan Smits, Stefan Ubachs, Luc Verhey, Ellen Vos, Pierre Widmer and Alain Wijffels.
Author : John W. Cairns
Publisher : Edinburgh University Press
Page : 320 pages
File Size : 48,7 Mb
Release : 2010-07-30
Category : Law
ISBN : 9780748642922
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
Author : Antonio Gambaro,Alfredo Mordechai Rabello
Publisher : Unknown
Page : 724 pages
File Size : 49,5 Mb
Release : 1999
Category : Civil law
ISBN : STANFORD:36105060846578
Author : R. C. van Caenegem
Publisher : Cambridge University Press
Page : 188 pages
File Size : 51,5 Mb
Release : 2002
Category : History
ISBN : 0521006481
R. C. van Caenegem considers the historical reasons behind European legal diversity.
Author : Ugo Mattei
Publisher : Kluwer Law International B.V.
Page : 202 pages
File Size : 47,5 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041122308
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.
Author : Junwei Fu
Publisher : Kluwer Law International B.V.
Page : 216 pages
File Size : 51,5 Mb
Release : 2011-04-20
Category : Law
ISBN : 9789041139375
This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Author : Armin von Bogdandy,Eduardo Ferrer Mac-Gregor,Mariela Morales Antoniazzi,Flávia Piovesan
Publisher : Oxford University Press
Page : 465 pages
File Size : 40,9 Mb
Release : 2017
Category : Law
ISBN : 9780198795919
This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en America Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.
Author : Olivier Moréteau,Aniceto Masferrer,Kjell A. Modéer
Publisher : Edward Elgar Publishing
Page : 512 pages
File Size : 45,7 Mb
Release : 2024-04-28
Category : Law
ISBN : 9781781955222
The specially commissioned papers in this book lay a solid theoretical foundation for comparative legal history as a distinct academic discipline. While facilitating a much needed dialogue between comparatists and legal historians, this research handbook examines methodologies in this emerging field and reconsiders legal concepts and institutions like custom, civil procedure, and codification from a comparative legal history perspective.
Author : Kenneth R. Stow
Publisher : Yale University Press
Page : 307 pages
File Size : 52,8 Mb
Release : 2016-01-01
Category : History
ISBN : 9780300219043
Cover -- Half-title -- Title -- Copyright -- Contents -- Acknowledgments -- List of Abbreviations -- Introduction -- 1. The Diary -- 2. Crises -- 3. The Roman Ghetto -- 4. The Confessional State -- 5. Conversion and the State -- 6. Under Papal Rule -- 7. Legal Obstacles -- 8. The Jews' Defenders -- 9. Jewish and Christian Awareness -- Appendixes -- Notes -- Glossary -- B -- C -- E -- F -- G -- I -- N -- T -- P -- R -- S -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
Author : Academy of European Law
Publisher : Kluwer Law International B.V.
Page : 378 pages
File Size : 54,5 Mb
Release : 1998-01-01
Category : Law
ISBN : 9789041105691
The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).
Author : Guy Mundlak
Publisher : Cornell University Press
Page : 298 pages
File Size : 53,9 Mb
Release : 2018-07-05
Category : Law
ISBN : 9780801461736
Since the 1980s, industrial relations and labor law in Israel have rapidly changed from a European style of corporatism to a model of pluralism familiar to North America. The country's legal and industrial relations systems have become more decentralized, yet more intensively regulated; they are no longer centrally managed, but they do not fit the neoliberal model of a free market. In recent years, a dynamic system for voicing interests has evolved, granting more leeway to individuals, identity-based representation, and a flourishing civil society, but restraining effective collective representation. In Fading Corporatism, Guy Mundlak explains the changing nature of labor law and industrial relations in Israel and the seemingly paradoxical outcomes of transformation as played out in numerous spheres, including the law governing the recognition of trade unions and strikes; the emergence of a human rights regime; and the regulation of temporary work agencies, Palestinian workers from the occupied territories, and migrant workers. Placing the example of Israel in a conceptual framework that draws on the literature of corporatism, Mundlak offers a theoretical coupling of legal studies and industrial relations that will interest scholars and practitioners in both fields. Surveying legal developments from 1920 to the present, Fading Corporatism will also appeal to readers interested in the political, economic, and legal history of Israel. At the same time, Mundlak emphasizes the comparative implications of the Israeli case study. His account is particularly instructive for countries in which traditionally corporatist industrial and legal systems are experiencing similar pressures, such as the Netherlands, Austria, and Germany.
Author : Gary Jeffrey Jacobsohn,Yaniv Roznai
Publisher : Yale University Press
Page : 382 pages
File Size : 53,5 Mb
Release : 2020-05-01
Category : Political Science
ISBN : 9780300252880
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.