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 343 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.
Download or read book Internationales und Ausl ndisches Recht written by Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin and published by . This book was released on 1914 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Introduction to the Work of Marcel Mauss written by Claude Levi-Strauss and published by Routledge. This book was released on 2013-08-21 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1987. Claude Levi-Strauss is one of the intellectual giants of the twentieth century, a leading exponent of structuralism and a great social anthropologist. His Introduction to the Work of Marcel Mauss , originally written to preface the earliest major collection of Mauss's writings, Sociologie et Anthropologie (1950), was hailed as a seminal text by leading structuralists such as Derrida, Lacan and Barthes. This edition, the first English translation to be published, should prove invaluable to anthropologists, philologists, psychologists, and all those interested in one of the most important intellectual movements generated by the twentieth century. Levi-Strauss uses an approach combining anthropology and structural linguistics to assess Marcel Mauss's achievements and intentions arguing that Mauss - who at the time represented the mainstream of French anthropology - was in fact structuralist manque. He goes on to formulate the central tenets of structuralist thought: the belief in societies being organised on immutable and unconscious laws, this foundation then providing the basis for true scientific study; multi-discplinary methodology combining anthropology, lingusitics and psychoanalysis; and a faith that a comprehensive science of communication can be made by the application of mathematical reasoning.
Download or read book Max Weber s Interpretive Sociology of Law written by Michel Coutu and published by Routledge. This book was released on 2018-04-09 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a clear and precise account of the structure and content of Max Weber's sociology of law: situating its methodological and epistemological specificity in relation to other approaches to the sociology of law; as well as offering a critical evaluation of Weber's usefulness for contemporary socio-legal research. The book is divided into three parts. The first part deals with the methodological foundations of Weber's sociology of law. The second analyses the central theme of this sociology, the rationalisation of law, from the perspective of its internal logical coherence, its empirical validity, and finally its legitimacy. The third part questions the present-day relevance of the Weberian sociology of law for socio-legal research, notably with regard to legal pluralism. Max Weber, it is demonstrated, is not merely a 'founding father' of the sociology of law; rather, his methodology, concepts, and empirical analyses remain highly useful to the further development of work in this area.
Download or read book The New French Law of Contract written by Solène Rowan and published by Oxford University Press. This book was released on 2022-08-22 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: After being almost untouched for over 200 years, the contract law section of the French Civil Code was overhauled in 2016 and 2018. The New French Law of Contract describes, explains and analyses the new general principles of contract law in the reformed Code in a concise and stimulating way. The areas covered include contract formation, validity, the interpretation and supplementation of terms, the regulation of unfair terms, privity of contract, change of circumstances, breach of contract and remedies. The book examines the ways in which the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, giving special attention to changes that have proved to be controversial and the debates that surround them. It also considers the various influences that have shaped the reforms, in particular those from international contract law instruments such as the Principle of European Contract Law and the UNIDROIT Principles. Written from the standpoint of a common lawyer, the book is designed to help readers from a common law background to navigate the innovations in the reforms and the new French law of contract that emerges. It is essential reading for students, researchers, practitioners, law-makers and judges with an interest in comparative law.
Download or read book The Logic of the Gift written by Alan D. Schrift and published by Routledge. This book was released on 2014-05-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: The theme of the gift can be located at the center of current discussions of deconstruction, gender and feminist theory, ethics, philosophy, anthropology, and economics: it is, simply, one of the primary focal points at which contemporary interdisciplinary discourses intersect. Into this context comes a new, indispensable volume. The Logic of the Gift offers several important essays on gifts and gift-giving that are often referred to but seldom read, and adds to them new essays written especially for this collection.
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 The Code Napol on Rewritten written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 563 pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.
Download or read book Precontractual Liability in European Private Law written by John Cartwright and published by Cambridge University Press. This book was released on 2008 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
Download or read book Essai d une justification nouvelle de la th orie de l impr vision l gard des contrats portant sur des objets autres qu une somme d argent written by Louis Fyot and published by . This book was released on 1921 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Encylopedia of Comparative Law Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
Download or read book TRAITE ELEMENTAIRE DE LEGISLATION INDUSTRIELLE written by PAUL JULES VICTOR PIC and published by . This book was released on 1922 with total page 1098 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Making of the Civil Codes written by Michele Graziadei and published by Springer Nature. This book was released on 2022-11-21 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides in-depth analysis of the new perspectives on codifications, and of the related reforms, that give recognition to new ideas, new needs, and new techniques. The contributions from several jurisdictions collected in this book provide a much needed evaluation of the current impact of codification on the law and are a first, essential reference for assessing the importance of civil law codifications in the contemporary world.
Download or read book Bibliotheca Orientalis written by Luzac &co and published by . This book was released on 1926 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours Volume 25 1928 V written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt:
