Download or read book French Civil Liability in Comparative Perspective written by Jean-Sébastien Borghetti and published by Bloomsbury Publishing. This book was released on 2019-12-26 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.

Download or read book Post Communist Mafia State written by B lint Magyar and published by Central European University Press. This book was released on 2016-03-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ

Download or read book Revista jur dica de la Universidad Interamericana de Puerto Rico written by and published by . This book was released on 2000 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book Basic Questions of Tort Law from a Comparative Perspective written by Helmut Koziol and published by . This book was released on 2015 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Soeharto s New Order and Its Legacy written by Edward Aspinall and published by ANU E Press. This book was released on 2010-08-01 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indonesia's President Soeharto led one of the most durable and effective authoritarian regimes of the second half of the twentieth century. Yet his rule ended in ignominy, and much of the turbulence and corruption of the subsequent years was blamed on his legacy. More than a decade after Soeharto's resignation, Indonesia is a consolidating democracy and the time has come to reconsider the place of his regime in modern Indonesian history, and its lasting impact. This book begins this task by bringing together a collection of leading experts on Indonesia to examine Soeharto and his legacy from diverse perspectives. In presenting their analyses, these authors pay tribute to Harold Crouch, an Australian political scientist who remains one of the greatest chroniclers of the Soeharto regime and its aftermath.

Download or read book Environmental Law in Developing Countries written by Marianela Cedeño Bonilla and published by IUCN. This book was released on 2004 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a selection of papers on various legal issues of interest to developing countries which have been prepared by Fellows from InWent who came to Germany between 2002 and 2004 from Africa, Asia, and Latin America to research and write about subjects of their choice at the IUCN Environmental Law Centre.

Download or read book The Reality of Human Dignity in Law and Bioethics written by Brigitte Feuillet-Liger and published by Springer. This book was released on 2018-11-19 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adopting an interdisciplinary perspective, this volume explores the reality of the principle of human dignity – a core value which is increasingly invoked in our societies and legal systems. This book provides a systematic overview of the legal and philosophical concept in sixteen countries representing different cultural and religious contexts and examines in particular its use in a developing case law (including of the European Court of Human Rights and of the Inter-American Court of Human Rights). Whilst omnipresent in the context of bioethics, this book reveals its wider use in healthcare more generally, treatment of prisoners, education, employment, and matters of life and death in many countries. In this unique comparative work, contributing authors share a multidisciplinary analysis of the use (and potential misuse) of the principle of dignity in Europe, Africa, South and North America and Asia. By revealing the ambivalence of human dignity in a wide range of cultures and contexts and through the evolving reality of case law, this book is a valuable resource for students, scholars and professionals working in bioethics, medicine, social sciences and law. Ultimately, it will make all those who invoke the principle of human dignity more aware of its multi-layered character and force us all to reflect on its ability to further social justice within our societies.

Download or read book The Commercial Appropriation of Personality written by Huw Beverley-Smith and published by Cambridge University Press. This book was released on 2002-08-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Download or read book The Digitization of Healthcare written by Loick Menvielle and published by Springer. This book was released on 2017-08-11 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: Combining conceptual, pragmatic and operational approaches, this edited collection addresses the demand for knowledge and understanding of IT in the healthcare sector. With new technology outbreaks, our vision of healthcare has been drastically changed, switching from a ‘traditional’ path to a digitalized one. Providing an overview of the role of IT in the healthcare sector, The Digitization of Healthcare illustrates the potential benefits and challenges for all those involved in delivering care to the patient. The incursion of IT has disrupted the value chain and changed business models for companies working in the health sector, and also raised ethical issues and new paradigms about delivering care. This book illustrates the rise of patient empowerment through the development of patient communities such as PatientLikeMe, and medical collaborate platforms such as DockCheck, thus providing a necessary tool to patients, caregivers and academics alike.

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Download or read book Terror of the Radiance written by Richard Jude Thompson and published by Vandenhoeck & Ruprecht. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Richard-Jude Thompson investigates Martin Noth's conclusion about the Deuteronomistic History (DH) that the people of Israel had committed apostasy ceased to obey the law code of Yhwh, and thus lost their land. Scholars have challenged Noth's hypothesis and even the existence of such a history. The present study adopts a thematic reading of the DH as a coherent corpus of writing with a consistent message. A close reading reveals a god, Yhwh, who declares war on other gods and commands his followers to conquer and to sanctify the mountain of the Emorites and the land of Canaan to Yhwh. The sanctification includes the killing of the people living there: "When you attack them, you shall annihilate them entirely. Do not make a treaty with them and do not show mercy to them". Throughout the DH, Yhwh and his spokespersons reward obedience and punish disobedience. Because the disobedient people of Israel fail to enforce Yhwh's command to remove the nations of Canaan, Yhwh enforces imperial law and sentences them to national death and exile. The author hypothesizes that the DH depicts an imperial, military covenant. After a survey of the inscriptions of the second-millennium b.c.e. Levant, the Hittite empire, the Neo-Assyrian empire, and the first-millennium b.c.e Levant, the study concludes with a hypothesis that the evidence points to the ideology of the Neo-Assyrian empire as the historical precedent for the Dtr covenant. The study challenges two presuppositions that underlie both the DH and its scholarship: that of the torahas law and that of Yhwh as a unique god.

Download or read book The Rights of Publicity and Privacy written by J. Thomas McCarthy and published by . This book was released on 1987 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.

Download or read book Scales of Fate written by Christopher Mountfort Monroe and published by . This book was released on 2000 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Download or read book International Business Ethics and Growth Opportunities written by Wolf, Ruth and published by IGI Global. This book was released on 2014-12-31 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the modern business environment, companies strive to create a sense of moral obligation within their employees in an effort to foster a concern for social welfare and justice among global organizations. Despite the efforts of managers and directors, many companies continue to find it difficult to overcome the moral dilemmas of the corporate sector. International Business Ethics and Growth Opportunities presents the necessary methods and resources for managers and directors to be successful in leading their corporations in a responsible and morally conscious manner. Examining the dangers of unethical behavior, this book provides the strategies and tools for proper management to encourage company strength and success. This publication is an essential resource for academicians, researchers, officials, post-graduate students, and professionals in the fields of business and business education interested in ethical decision making on the individual and company level.