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Book The Constitutional Dimension of Contract Law

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Book Contract Law

    Book Details:
  • Author : Jan M. Smits
  • Publisher : Edward Elgar Publishing
  • Release : 2017-06-30
  • ISBN : 178536877X
  • Pages : 320 pages

Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Book Smart Contracts and Comparative Law

Download or read book Smart Contracts and Comparative Law written by Andrea Stazi and published by Springer Nature. This book was released on 2021-12-08 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

Book Comparative Contract Law

    Book Details:
  • Author : Ermanno Calzolaio
  • Publisher : Routledge
  • Release : 2022-01-31
  • ISBN : 1000522156
  • Pages : 207 pages

Download or read book Comparative Contract Law written by Ermanno Calzolaio and published by Routledge. This book was released on 2022-01-31 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: National legal systems have their own principles and rules on contract law. The trans-nationalization of trade and legal practice involves acting in the context of legal diversity. This book provides an introductory overview of the main issues of contract law from a comparative perspective, focusing on the legal traditions of civil law and common law. Featuring short theoretical overviews, followed by cases selected from various jurisdictions, the book shows the concrete application of the principles and rules involved. Civil law and common law represent two different models of dealing with contract law issues. The book focuses on the French, German, and Italian experiences and on the English legal system, the latter being the main source of inspiration for other common law countries, with some significant exceptions. Topics covered include the structure of contract law and the rules about its formation and interpretation, the role of pre-contractual negotiations, the consequences of mistakes, and breach and supervening events (including the impact of the Covid-19 pandemic). Readers will learn about common problems that are faced when contracting with parties coming from different jurisdictions, whilst also acquiring a deeper understanding of the approach of their own legal system. This book will be key reading for undergraduate and postgraduate students of comparative contract law, and contract law more generally.

Book Contract Interpretation and Gap Filling

Download or read book Contract Interpretation and Gap Filling written by Nicole Kornet and published by Intersentia Uitgevers N V. This book was released on 2006 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when contracting parties do not expressly provide for a particular situation in their agreement? Is intervention by the courts or legislature to fill gaps in contracts justified? How should those gaps be filled? This book is unique in the way it combines comparative and theoretical perspectives to provide answers to these questions. From a comparative law perspective, relatively little attention has been given to the different interpretative and gap filling techniques available in different legal systems. A comparison of the approach to contract interpretation and gap filling in England, Germany and the Netherlands is therefore provided in this book. Comparative observations are also made in light of the CISG, PECL and the Unidroit Principles for International Commercial Contracts. This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled. The final part of this book builds on the comparative and theoretical perspectives to develop an interpretative and gap filling strategy that combines responses from contracting parties, the contracting community, the legislature and the courts.

Book Video Surveillance and Social Control in a Comparative Perspective

Download or read book Video Surveillance and Social Control in a Comparative Perspective written by Fredrika Björklund and published by Routledge. This book was released on 2012-12-07 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection reports the results of a comparative study of video surveillance/CCTV in Germany, Poland, and Sweden. It investigates how video surveillance as technologically mediated social control is affected by national characteristics, with a specific concern for recent political history. The book is motivated by asking what makes video surveillance "tick" in three very different cultural settings, two of which (Poland and Sweden) are virtually unexplored in the literature on surveillance. The selection of countries is motivated by an interest in societies with recent experiences of authoritarianism, and how they respond to the global trend towards intensified technical means of control. With thorough empirical studies, the book constitutes an important contribution to security studies, surveillance studies, and post-communist area studies.

Book Comparative Contract Law

    Book Details:
  • Author : Thomas Kadner Graziano
  • Publisher : Edward Elgar Publishing
  • Release : 2023-01-17
  • ISBN : 1800373678
  • Pages : 755 pages

Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.

Book Comparative Contract Law  Second Edition

Download or read book Comparative Contract Law Second Edition written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2019 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: Promoting a ‘learning-by-doing’ approach to comparative contract law and comparative methodology, this updated second edition of Comparative Contract Law updates the first true student reader on the subject. Bringing together extracts from legislation and court practice this textbook lets students experience comparative law in action, and presents a unique guide to European and International contract law.

Book Comparative Remedies for Breach of Contract

Download or read book Comparative Remedies for Breach of Contract written by Nili Cohen and published by Hart Publishing. This book was released on 2005 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comparative analysis of the law relating to remedies for breach of contract from the viewpoint of various legal systems.

Book Policy Consultancy in Comparative Perspective

Download or read book Policy Consultancy in Comparative Perspective written by Caspar van den Berg and published by Cambridge University Press. This book was released on 2020 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sheds new light on the use of external public policy consultants from an interdisciplinary and international comparative approach.

Book Comparative Contract Law

    Book Details:
  • Author : Larry A. DiMatteo
  • Publisher : Oxford University Press
  • Release : 2016
  • ISBN : 0198728735
  • Pages : 513 pages

Download or read book Comparative Contract Law written by Larry A. DiMatteo and published by Oxford University Press. This book was released on 2016 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioral analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Book Are we better than our fathers  or  A comparative view of the social position of England at the Revolution of 1688 and at the present time  4 lectures

Download or read book Are we better than our fathers or A comparative view of the social position of England at the Revolution of 1688 and at the present time 4 lectures written by Robert Gregory and published by . This book was released on 1872 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Are we better than our Fathers  or a comparative view of the social position of England at the Revolution of 1688 and at the present time  Four lectures  etc

Download or read book Are we better than our Fathers or a comparative view of the social position of England at the Revolution of 1688 and at the present time Four lectures etc written by Robert GREGORY (Dean of St. Paul's.) and published by . This book was released on 1872 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Politicization of the Civil Service in Comparative Perspective

Download or read book The Politicization of the Civil Service in Comparative Perspective written by B. Guy Peters and published by Routledge. This book was released on 2004-08-02 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses an important issue and debate in public administration: the politicization of civil service systems and personnel. Using a comparative framework the authors address issues such as compensation, appointments made from outside the civil service system, anonymity, partisanship and systems used to handle appointees of prior administrations in the US, Canada, Germany, France, Britain, New Zealand, Belgium, the Netherlands, Spain and Greece.

Book Comparative Studies on Pandemic Control Policies and the Resilience of Society

Download or read book Comparative Studies on Pandemic Control Policies and the Resilience of Society written by Simon X. B. Zhao and published by Springer Nature. This book was released on 2023-03-29 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book documents and analyses the differentiated control policies, the determinant factors behind, social resilience, and international relations during the pandemic from a comparative perspective in a facts-based, data-supporting manner. The intermittent outbreak of cases, public sentiments after long anxiety, questions over the efficacy of vaccines, have forced governments as well as the public to rethink differing approaches and policies in the combat against not just COVID, but the delta variant. In this context, this book establishes itself as a timely product, perhaps the first of its kind, to provide a widely covered individual country-based observation of policies, with an emphasis on multidimensional determinant factors behind the policies. A comparative study of social resilience during the pandemic constitutes another highlight of the book. The different policies tested social resilience differently in parameters such as mortality rates, vaccination coverage, social mobility, travel arrangements, trust in government, and general human development. Above and beyond observations and analyses at local and national levels, this book expands its scope to incorporate international relations, contemplating over the impacts of the pandemic on international relations, power shifts, and new world/global orders, crystallized in the indisputable rise of China.

Book Comparative Costs of Erosion and Sediment Control  Construction Activities

Download or read book Comparative Costs of Erosion and Sediment Control Construction Activities written by United States. Environmental Protection Agency. Office of Water Program Operations and published by . This book was released on 1973 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Human Rights from a Comparative and International Law Perspective

Download or read book Human Rights from a Comparative and International Law Perspective written by Joan Church and published by Unisa Press. This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.