Download or read book Alternative Ways to Ius Commune written by Marco Loos and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. The book represents the most important developments in this area of European private law. Contents include: approaching the CRD from an historical and a competition law perspective * an argument that the way the CESL is drafted endangers its chances of being applied in practice * matters regarding the remedies for non-conformity under the CESL * the development of European private law, from the 1975 Consumer Policy Program to the CRD and the CESL * the relationship between private law, global governance, and the European Union * the harmonization of European matrimonial property law. (Series: Ius Commune Europaeum - Vol. 105)
Download or read book Cases Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Download or read book Creation of the Ius Commune written by John W. Cairns and published by Edinburgh University Press. This book was released on 2010-07-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rethinking Legal Reasoning written by Geoffrey Samuel and published by Edward Elgar Publishing. This book was released on 2018-08-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: ‘Rethinking’ legal reasoning seems a bold aim given the large amount of literature devoted to this topic. In this thought-provoking book, Geoffrey Samuel proposes a different way of approaching legal reasoning by examining the topic through the context of legal knowledge (epistemology). What is it to have knowledge of legal reasoning?
Download or read book The Spirit of Roman Law written by Alan Watson and published by University of Georgia Press. This book was released on 2008 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is not about the rules or concepts of Roman law, says Alan Watson, but about the values and approaches, explicit and implicit, of those who made the law. The scope of Watson's concerns encompasses the period from the Twelve Tables, around 451 B.C., to the end of the so-called classical period, around A.D. 235. As he discusses the issues and problems that faced the Roman legal intelligentsia, Watson also holds up Roman law as a clear, although admittedly extreme, example of law's enormous impact on society in light of society's limited input into law. Roman private law has been the most admired and imitated system of private law in the world, but it evolved, Watson argues, as a hobby of gentlemen, albeit a hobby that carried social status. The jurists, the private individuals most responsible for legal development, were first and foremost politicians and (in the Empire) bureaucrats; their engagement with the law was primarily to win the esteem of their peers. The exclusively patrician College of Pontiffs was given a monopoly on interpretation of private law in the mid fifth century B.C. Though the College would lose its exclusivity and monopoly, interpretation of law remained one mark of a Roman gentleman. But only interpretation of the law, not conceptualization or systematization or reform, gave prestige, says Watson. Further, the jurists limited themselves to particular modes of reasoning: no arguments to a ruling could be based on morality, justice, economic welfare, or what was approved elsewhere. No praetor (one of the elected officials who controlled the courts) is famous for introducing reforms, Watson points out, and, in contrast with a nonjurist like Cicero, no jurist theorized about the nature of law. A strong characteristic of Roman law is its relative autonomy, and isolation from the rest of life. Paradoxically, this very autonomy was a key factor in the Reception of Roman Law--the assimilation of the learned Roman law as taught at the universities into the law of the individual territories of Western Europe.
Download or read book The Ius Commune in England written by R. H. Helmholz and published by Oxford University Press, USA. This book was released on 2001 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study addresses the ius commune's relation to and influence on English law. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.
Download or read book Rights and Civilizations written by Gustavo Gozzi and published by Cambridge University Press. This book was released on 2019-02-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the origin and ways of Western hegemony over other civilizations across the world.
Download or read book A History of Law in Europe written by Antonio Padoa-Schioppa and published by Cambridge University Press. This book was released on 2017-08-03 with total page 823 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of a comprehensive legal history of Europe from the early middle ages to the twentieth century, encompassing both the common aspects and the original developments of different countries. As well as legal scholars and professionals, it will appeal to those interested in the general history of European civilisation.
Download or read book Civil Justice Between Efficiency and Quality written by C. H. van Rhee and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a long time, civil justice was considered to be a purely national, conservative, and slow-changing topic. The texts collected in this book supply proof that this is no longer the case. These papers discuss civil justice from a European angle, concentrating on the age-old dichotomy between quality and efficiency. One of the developments that has triggered civil justice to become an international discipline is the establishment of the European Commission for the Efficiency of Justice - better known by the acronym of its French name, the CEPEJ - on September 18, 2002 by the Council of Europe. The mandate of the CEPEJ is to analyze the results of the various judicial systems of the Member States of the Council of Europe, to identify the difficulties these systems encounter, to develop concrete ways to improve them, and to evaluate the functioning of these systems. Various papers in this volume address the CEPEJ and its work, as well as other issues of civil procedure in Europe, such as legal aid, alternative dispute resolution, and the influence of European developments on the reform of national civil justice systems. Consequently, the book provides an overview of the most recent ideas and developments in the field of civil justice. These ideas and developments show that although the values of the old tradition of European ius commune are still alive, they have been modified and expanded to such an extent that the organization of efficient civil justice systems has become a feasible option for national legislatures.
Download or read book The History of Law in Europe written by Bart Wauters and published by Edward Elgar Publishing. This book was released on 2017-04-28 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.
Download or read book Migrating Words Migrating Merchants Migrating Law written by and published by BRILL. This book was released on 2019-11-26 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migrating Words, Migrating Merchants, Migrating Law examines the connections that existed between merchants’ journeys, the languages they used and the development of commercial law in the context of late medieval and early modern trade. The book, edited by Stefania Gialdroni, Albrecht Cordes, Serge Dauchy, Dave De ruysscher and Heikki Pihlajamäki, takes advantage of the expertise of leading scholars in different fields of study, in particular historians, legal historians and linguists. Thanks to this transdisciplinary approach, the book offers a fresh point of view on the history of commercial law in different cultural and geographical contexts, including medieval Cairo, Pisa, Novgorod, Lübeck, early modern England, Venice, Bruges, nineteenth century Brazil and many other trading centers. Contributors are Cornelia Aust, Guido Cifoletti, Mark R. Cohen, Albrecht Cordes, Maria Fusaro, Stefania Gialdroni, Mark Häberlein, Uwe Israel, Bart Lambert, David von Mayenburg, Hanna Sonkajärvi, and Catherine Squires.
Download or read book Stateless Law written by Helge Dedek and published by Routledge. This book was released on 2016-03-03 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Download or read book Money in the Western Legal Tradition written by David Fox and published by Oxford University Press. This book was released on 2016-01-28 with total page 1158 pages. Available in PDF, EPUB and Kindle. Book excerpt: Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.
Download or read book Non State Rules in International Commercial Law written by Johanna Hoekstra and published by Routledge. This book was released on 2021-03-15 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.
Download or read book Cases Materials and Text on Judicial Review of Administrative Action written by Chris Backes and published by Bloomsbury Publishing. This book was released on 2019-08-08 with total page 1031 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.
Download or read book A European Legal Framework for Nuclear Liability written by Tobias Heldt and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a proposal for a harmonised European liability regime and discusses possibilities to enhance the feasibility of such a reform. It calls for a stronger involvement of the public in the nuclear sector and emphasises the intrinsic link between effective safety regulation and liability and compensation mechanisms.
Download or read book European Consumer Access to Justice Revisited written by Stefan Wrbka and published by Cambridge University Press. This book was released on 2015 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks what is European consumer access to justice, and how we can improve it by means of procedural and substantive laws?
