Download or read book Contractual Performance and COVID 19 written by Franz Schwarz and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the COVID-19 pandemic continues to take its toll, contractual parties have frequently faced significant obstacles in performing their contractual obligations due to unexpected impediments arising from the pandemic and government measures taken in response. This indispensable book – the most comprehensive comparative examination of the impact of the COVID-19 pandemic on contractual performance – discusses the legal provisions and doctrines available to address these issues. The book examines under what circumstances COVID-19-related impediments may excuse contractual performance or lead to modification or termination of the affected contractual obligations in twelve representative civil and common law jurisdictions – the United States, England and Wales, Singapore, Brazil, Germany, France, Switzerland, Austria, Hong Kong, Costa Rica, China, and Russia. For each country, the book examines the following aspects in depth: the relevant fundamental legal principles; the various legal emergency valves available to an obligor to respond to COVID-19-related events; any remedies available to the obligee; selected examples for specific government measures related to particular types of contracts (e.g., construction, employment, lease agreements); and how the legal framework applies in typical factual scenarios. As further legal and factual developments occur, and with further jurisdictions being added, this publication will continue to be updated both online and in print. The book provides a detailed explanation under what conditions the emergency valves specific to each jurisdiction may apply. It cuts through the seeming complexity of the various legal rules and doctrines in these jurisdictions and shows that they often produce similar results in practice. The book thus opens up a wealth of insights for businesses, practitioners, and academics around the globe by providing an easily accessible analytical framework across key jurisdictions and typical factual scenarios. ‘Definitely mandatory reading for practitioners and academics alike!’ –Klaus Peter Berger, University of Cologne ‘Everyone who has had or is likely to have a brush with a COVID-19-induced legal issue would be well advised to keep this book within arm’s reach.’ – Davinder Singh, Davinder Singh Chambers LLC, Singapore ‘The “holy book” for all those lawyers whose clients become ensnared in the rising attempts to fix legal liability midst the rampant COVID-19.’ – Charles Brower, Twenty Essex, London

Download or read book The Principles of BRICS Contract Law written by Salvatore Mancuso and published by Springer Nature. This book was released on 2022-08-09 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Download or read book Free and Open Source Software FOSS and other Alternative License Models written by Axel Metzger and published by Springer. This book was released on 2015-11-30 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the main legal questions raised by free and open source software (FOSS) licenses and other alternative license models, such as Creative Commons. The legal questions raised by FOSS and other alternative licenses have been the subject of an intense international debate among legal scholars and practising lawyers in the last years. Courts in different jurisdictions have confirmed that the core features of FOSS licenses are compliant with the respective applicable laws and thus enforceable in the respective jurisdictions. What is still missing so far is an in-depth comparative analysis of the legal issues raised by FOSS, Creative Commons and other alternative license on a worldwide scale. This book presents a general report on FOSS licenses and alternative license models to establish common ground and enable comparison between jurisdictions. The general report is followed by 24 national reports covering the world's most important IT-markets. General and national reports use the same structure to facilitate the comparison. The book shows that despite the differences in their origins, all FOSS projects use detailed licenses for the organisation of their communities. It also shows the differences in the proofing of these licenses by courts in some jurisdictions and the tailor-made provisions established by some legislators to solve the legal issues raised by the license model.

Download or read book Security Rights in Movable Property in European Private Law written by Eva-Maria Kieninger and published by Cambridge University Press. This book was released on 2004-08-26 with total page 827 pages. Available in PDF, EPUB and Kindle. Book excerpt: For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Download or read book The Influence of Human Rights and Basic Rights in Private Law written by Verica Trstenjak and published by Springer. This book was released on 2015-12-16 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

Download or read book Principles and concepts for development in nowadays society written by Mauro Pinho and published by Seven Editora. This book was released on with total page 1915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Temos o prazer de lançar o primeiro livro internacional do ano de 2022 voltado a área do desenvolvimento, que tem como título Principles and concepts for development in nowadays society, essa obra contém 152 artigos voltados a área multidisciplinar, sendo a mesma pela Seven Publicações Ltda. A Seven Editora, agradece e enaltasse os autores que fizeram parte desse livro. Desejamos uma boa leitura a todos

Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

Download or read book MULTIDISCIPLINARY STUDIES MANAGEMENT AND LEGAL SCIENCES written by Adriana Dantas Bessa and published by GLOBAL ACADEMY YAYINCILIK VE DANIŞMANLIK HİZMETLERİ SANAYİ TİCARET LİMİTED ŞİRKETİ. This book was released on 2024-06-08 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface Today the world is marked by increasing complexity, where the boundaries between disciplines become increasingly interconnected. Therefore, the dialogue between different areas of knowledge is essential for the understanding and solution of the diverse challenges we face. This book, "Multidisciplinary Studies: Management and Legal Sciences", is born of this understanding, bringing a comprehensive and integrated perspective on important topics that permeate management and law. Management and the legal sciences, although traditionally seen as distinct fields, share a deep interdependence. Business and administrative decisions are inevitably shaped by regulatory and legal frameworks, as well as legal legislation and practices are influenced by organizational and economic dynamics. This book explores this intersection, highlighting how the collaboration between managers and jurists can generate innovative and effective solutions to contemporary problems. Throughout the chapters, readers will have the opportunity to discover a diversity of approaches and methodologies that reflect the nature of the topics covered, will find practical cases analyzes and theoretical studies. Each contribution enriches the understanding of how these areas can interact productively. Thus, in the world where change is a constant, the ability to integrate knowledge and collaborate beyond traditional boundaries becomes a strategic differential. "Multidisciplinary Studies: Management and Legal Sciences" is a valuable contribution to this movement, offering tools and reflections that enable managers and jurists to navigate more effective and creativity in todays and tomorrow challenges. We hope that this work will inspire not only greater understanding between the areas of management and law, but also a more collaborative and innovative professional practice. May it serve as a starting point for new research, debates and, above all, to the practical application of interdisciplinary knowledge that contribute to the common good. Good reading! Prof. Dr. Maria Emilia Camargo June 2024

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.

Download or read book Transfer of Immovables in European Private Law written by Luz M. Martínez Velencoso and published by Cambridge University Press. This book was released on 2017-05-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.

Download or read book Global Environmental Law written by RICARDO LUIS. LORENZETTI LORENZETTI (PABLO RICARDO.) and published by . This book was released on 2020-04-10 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: All around the world, nations have established legal frameworks to protect our environment. While many of these frameworks share similar goals and objectives, they hold important differences as well. In Global Environmental Law, Justice Ricardo Luis Lorenzetti and Professor Pablo Lorenzetti offer a holistic view of modern environmental law. In it, they describe the history and purpose behind environmental rule of law, delve into the nuances of varying regulatory structures, and offer insight into how environmental law is implemented around the world--be it voluntary or mandatory. The book also includes an annex that illustrates how environmental law is changing across the globe--a must have resource for today's legal scholars and practitioners.

Download or read book Multicriteria and Multiagent Decision Making with Applications to Economics and Social Sciences written by Aldo G. S. Ventre and published by Springer. This book was released on 2013-12-06 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comprehensive and timely report on the topic of decision making and decision analysis in economics and the social sciences. The various contributions included in the book, selected using a peer review process, present important studies and research conducted in various countries around the globe. The majority of these studies are concerned with the analysis, modeling and formalization of the behavior of groups or committees that are in charge of making decisions of social and economic importance. Decisions in these contexts have to meet precise coherence standards and achieve a significant degree of sharing, consensus and acceptance, even in uncertain and fuzzy environments. This necessitates the confluence of several research fields, such as foundations of social choice and decision making, mathematics, complexity, psychology, sociology and economics. A large spectrum of problems that may be encountered during decision making and decision analysis in the areas of economics and the social sciences, together with a broad range of tools and techniques that may be used to solve those problems, are presented in detail in this book, making it an ideal reference work for all those interested in analyzing and implementing mathematical tools for application to relevant issues involving the economy and society.

Download or read book The Draft Common Frame of Reference as a Toolbox for Domestic Courts written by Marta Santos Silva and published by Springer. This book was released on 2017-07-03 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.

Download or read book Tax Aspects of Fiscal Federalism written by Gianluigi Bizioli and published by IBFD. This book was released on 2011 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the extreme complexity and the evolution of taxing authority towards a progressive increase in the local governments’ taxing powers. - IBFD website

Download or read book Sistemas Jur dicos Comparados Vol II As Grandes Fam lias de Sistemas Jur dicos written by Armindo Antonio Lopes Ribeiro Mendes and published by Lulu.com. This book was released on 2013-01-07 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Esta Segunda Parte, ou segundo volumen que agora publicamos, ocupa-se das Grandes Famílias de Sistemas Jurídicos, confinando o nosso estudo às famílias romano-germânica e da common law. Abordaremos os direitos francês e alemão como exemplos da primeira família e os direitos inglês e norte-americano como exemplos da segunda família.

Download or read book Cadernos do Programa de P s Gradua o em Direito PPGDir UFRGS written by and published by . This book was released on 2004 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: