Download or read book Comparative Law and the Quest for Optimal Rules on the Transfer of Movables for Europe written by Arthur F. Salomons and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The drafters of Book VIII Draft Common Frame of Reference (DCFR) have devoted an impressive amount of time and energy in collecting and publishing comparative data with regard to the existing property law within all Member States of the European Union, and in particular with regard to the subject matter of that Book: acquisition and loss of ownership of movables. This in itself suggests that comparative research played an important role in the drafting process, and this impression is enhanced by the abundance of comparative references and notes in the official Comments to Book VIII. However, the fact that the drafters made an extensive study of the relevant property law of every European legal system does not imply per se that the outcome of their comparative research was taken as guiding in the establishment of the DCFR rules. In order to gain a better insight into the character of the rules of Book VIII, this contribution seeks to answer the question whether comparative arguments really weighed heavily in the drafting of Book VIII: is the 'comparative activism' of its drafters a manifestation of a determination that common or even majority solutions should be the basis of the model rules to be proposed, or did the drafters feel free to propose novel rules even if these were contrary to what applies in most European countries, according to the comparative data they collected and presented themselves? To find out to what extent the choices of the drafters were influenced, if not determined, by their comparative research, it would be helpful to know what comparative methodology they followed. On this, we are told by them that the functional approach of Zweigert and Kötz can hardly be used in property law, for lack of functionally similar solutions, but as a comparative introduction to Book VIII is lacking, the question what other method could take its place is not answered. Therefore, another course of action was needed in order to be able to answer the above mentioned question. This course was found by first of all collecting the scattered general remarks by the principal drafters of Book VIII on the role of their comparative research, and by secondly analyzing what kind of comparative arguments the drafters actually included in the Comments to the provisions of that Book. The results of this approach are as follows. The principal drafters' various publications on the work of the Working group responsible for the drafting of Book VIII DCFR seem to indicate that they gradually began to attach less importance to comparative arguments as the project progressed. Initially (in 2007), it was argued that the information in the National reports was 'vital to our project' and 'the most important basis for our work'. One year on, the Reports were indicated as 'a basis for the working group's own comparative research.' Finally, in 2011, the drafters called the comparative survey 'a main source of inspiration.' It may be that this change of tone is a reflection of a development in the way the drafters perceived the role of other arguments, in particular those based on policy decisions; such a development could well have been the result of the debates on the proposals of the Working group with the members of the Study group. But whatever the cause, a confirmation of the fact that such a development indeed occurred can be found in the Introduction to the final publication, in 2011, of the texts of and Comments and Notes to the provisions of Book VIII. Referring to the 'remarkable differences to be found in European property law regimes' it is stated that 'most articles were drafted according to policy decisions.' The impression is inescapable that comparative arguments gradually had to give way to policy arguments, or at least that the drafters wanted or felt compelled to give this impression. However, none of this is reflected in the Comments to the 29 Articles of the first three Chapters of Book VIII. The drafters indicated in a very large number of instances to have followed common or majority solutions. An explicit rejection of a majority solution occurred in only two instances of little importance. Only when common or majority solutions were absent, the drafters seem to have been more inclined to create novel solutions than to look for leads in the available comparative data. In the handful of instances where the drafters adopted a minority solution, this concerned rules on topics where the European legal systems are strongly divergent (notably good faith acquisition). We must conclude from the Comments that, even if the principal drafters themselves gradually began to convey a different impression, comparative arguments played an important, often even decisive role in the drafting of the rules of Book VIII. If so, these rules are even more firmly rooted in current European property law than is often assumed.
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2010 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixth and last volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2011 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fifth volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by Sellier European Law Pub. This book was released on 2011 with total page 723 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the fourth volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series covers 28 European legal systems. Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the `derivative' transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law and legal literature, prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems.
Download or read book National Reports on the Transfer of Movables in Europe written by Wolfgang Faber and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fifth volume of the series presents "up-to-date" national reports of - Sweden - Norway and Denmark - Finland - Spain.
Download or read book Rules for the Transfer of Movables written by Wolfgang Faber and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative research in the area of property law is gaining importance. Against the background of the current discussion of developing model rules, aimed at facilitating European private law harmonisation, and of ongoing law reform projects in a number of EU Member States, this volume addresses key issues in the field of the transfer of corporeal movable property.
Download or read book Choice of Law in Copyright and Related Rights written by Mireille M. M. van Eechoud and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.
Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Download or read book Principles Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Comparative Law written by Esin Örücü and published by Bloomsbury Publishing. This book was released on 2007-10-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Örücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Download or read book Law for Computer Scientists and Other Folk written by Mireille Hildebrandt and published by Oxford University Press. This book was released on 2020 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces law to computer scientists and other folk. Computer scientists develop, protect, and maintain computing systems in the broad sense of that term, whether hardware (a smartphone, a driverless car, a smart energy meter, a laptop, or a server), software (a program, an application programming interface or API, a module, code), or data (captured via cookies, sensors, APIs, or manual input). Computer scientists may be focused on security (e.g. cryptography), or on embedded systems (e.g. the Internet of Things), or on data science (e.g. machine learning). They may be closer to mathematicians or to electrical or electronic engineers, or they may work on the cusp of hardware and software, mathematical proofs and empirical testing. This book conveys the internal logic of legal practice, offering a hands-on introduction to the relevant domains of law, while firmly grounded in legal theory. It bridges the gap between two scientific practices, by presenting a coherent picture of the grammar and vocabulary of law and the rule of law, geared to those with no wish to become lawyers but nevertheless required to consider the salience of legal rights and obligations. Simultaneously, this book will help lawyers to review their own trade. It is a volume on law in an onlife world, presenting a grounded argument of what law does (speech act theory), how it emerged in the context of printed text (philosophy of technology), and how it confronts its new, data-driven environment. Book jacket.
Download or read book Legal Aspects of the European System of Central Banks written by Liber Amicorum and published by . This book was released on 2005 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book contains a collection of articles on the European Union and the European System of Central Banks (ESCB), the Eurosystem, monetary law, central bank independence and central bank statutes as well as on financial law. The authors are current or former members of the Legal Committee of the ESCB (LEGCO). This book commemorates ten years of work by the Working Group of Legal Experts of the European Monetary Institute and by the LEGCO. It is dedicated to Mr Paolo Zamboni Garavelli, former Head of the Legal Department at the Banca d'Italia and member of LEGCO, who died in 2004."--Editor.
Download or read book Backpacker written by and published by . This book was released on 2001-03 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: Backpacker brings the outdoors straight to the reader's doorstep, inspiring and enabling them to go more places and enjoy nature more often. The authority on active adventure, Backpacker is the world's first GPS-enabled magazine, and the only magazine whose editors personally test the hiking trails, camping gear, and survival tips they publish. Backpacker's Editors' Choice Awards, an industry honor recognizing design, feature and product innovation, has become the gold standard against which all other outdoor-industry awards are measured.
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 ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Download or read book Ancient Law written by Henry Sumner Maine and published by . This book was released on 1906 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt:
