Download or read book The Principles of European Contract Law Part III and Dutch Law written by Harriët N. Schelhaas and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.

Download or read book General average legal basis and applicable law written by Jolien Kruit and published by Paris Legal Publishers Uitgeverij Paris. This book was released on 2017-02-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulations), and what is provided in the national regimes. In addition, questions arise as to what the influence is of contractual provisions set out in contracts for the carriage of goods by sea and general average security forms, and how the various sources interact. This study contains an in depth assessment of these questions.

Download or read book Property and Trust Law in the Netherlands written by Arthur Salomons and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in the Netherlands deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Download or read book The Netherlands Switzerland Czech Republic Slovakia Malta Latvia written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 599 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 sixth volume of the series presents "up-to-date" national reports of - The Netherlands - Switzerland - Czech Republic - Slovakia - Malta - Latvia

Download or read book European Architect Law written by Stéphanie van Gulijk and published by Maklu. This book was released on 2009 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal relationship between architects and clients suffers from two basic tensions that have been debated in several European countries. First, the market for design of buildings is not the exclusive domain of architects anymore. Other disciplines have gradually encroached on the architect's core activities. Many new forms of contract have been developed in the construction industry. These market models no longer fit the traditional design contract, departing from the idea that an architect designs a structure that is fit for its purpose and subsequently supervises the realization of the design by the building contractor. Second, designing buildings is a low yield/high risk endeavor. If the obligations of architects under the design contract are not performed well, they are exposed to severe liabilities which may cause serious financial problems. Detailed comparative research on design contracts shows that rule makers have difficulties in dealing with these two tensions. In Europe, considerable differences exist regarding the national rules that apply to the contractual relationship between architects and clients. Therefore, in this study, four regulation issues have been investigated that deal with establishing rules to govern the two tensions: market entry regulation, architect liability, limitation of architect liability, and professional liability insurance. In order to evaluate these regulation issues, a law and economics perspective is applied. The book will help to establish which combination of regulation options is likely to lead to more efficient outcomes. It provides insights in what is the best way to deal with the two tensions in the relationship between architects and clients, and it contributes to establishing a new design for European architect law.

Download or read book Acquisition and Loss of Ownership of Goods written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 1729 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the major result of the work undertaken by the international research group "Transfer of Movables" which belonged to the Study Group on a European Civil Code. It covers the most important aspects of the law of property in movables, such as the transfer of ownership based on the transferor's right and the good faith acquisition of ownership. The suggested black letter provisions are accompanied by extensive explanatory comments and comparative notes providing information on the existing rules of the EU Member States. As compared to Book VIII of the DCFR, this volume contains additional and partly revised national notes, extended comments, translations of the black letter rules and adapted registers. The "Principles of European Law" are published in co-operation with Oxford University Press and Staempfli (Switzerland).

Download or read book International Commercial Agency and Distribution Agreements written by Cristelle Albaric and published by Kluwer Law International B.V.. This book was released on 2017-03-06 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this enriched new edition of a proven, indispensable practical guide to the drafting and negotiating of agency, distribution, and franchising agreements, the contributors have all updated their country reports with recent cases and commentary and an abundance of new sample clauses and other practical features. In addition, four major jurisdictions – Brazil, England, Japan, and the United States – have been added, bringing the total number of country reports to nineteen. The first edition is well known among commercial law practitioners as the preeminent hands-on guide to drafting effective distribution agreements tailored specifically to countries in which foreign direct investment is a major component of the economy. Local experts provide detailed information on specific applicable law, major current case law, drafting guidance with specific clauses, and official English versions of relevant primary material. Case law summaries clearly expose the issues from which disputes arise, – and the financial consequences of those disputes – and the practical discussion includes sample clauses designed to anticipate those issues and avoid the pitfalls to which they often lead. The enormous day-to-day usefulness of this book will be self-evident to corporate counsel and other lawyers negotiating international commercial distribution agreements. Legal scholars as well will welcome the book’s comparative study of applicable law on commercial contracts in a wide variety of national jurisdictions.

Download or read book The Human Right to Property written by Theo R. G. van Banning and published by Intersentia nv. This book was released on 2002 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3 Framework for research

Download or read book Fundamental Rights in European Contract Law written by C. Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-29 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: To what extent do fundamental rights affect contract law? In which types of cases can fundamental rights be applied? What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively. For its reframing of old questions and its insightful delimitations of new ones, this book offers a fresh and deeply informed new perspective on this important area of developing law. The discussion, moreover, has received an additional impulse from the debate leading up to the recent agreement on a Reform Treaty regarding the institutional settlement of the Union, which will give a legally binding status to the Nice Charter of Fundamental Rights. For these reasons and others, the book will be of great value to all interested parties in government, business, and legal practice.

Download or read book Aruba Recent Economic and Political Developments Yearbook Strategic Information and Developments written by IBP, Inc. and published by Lulu.com. This book was released on 2018-01-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2011 Updated Reprint. Updated Annually. Aruba Recent Economic and Political Developments Yearbook

Download or read book Family Life and Family Interests written by Gerda A. Kleijkamp and published by Martinus Nijhoff Publishers. This book was released on 2023-07-03 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions - and filiation law in particular - by the courts in California, New York and Texas.

Download or read book Service Contracts written by Maurits Barendrecht and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union – though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated.

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 Property Meeting the Challenge of the Commons written by Ugo Mattei and published by Springer Nature. This book was released on 2023-03-23 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

Download or read book The Harmonisation of European Contract Law written by Stefan Vogenauer and published by Bloomsbury Publishing. This book was released on 2006-03-16 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required

Download or read book Towards a European Unfair Competition Law written by Rogier W. De Vrey and published by BRILL. This book was released on 2006 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: The main aim of this book is to discuss the state of unfair competition law in the European Union. In this respect, the various efforts that have been made in the past to come to harmonization of this area of law and the reasons that they were only partially successful are reviewed. In addition, the International and European regulations that refer to unfair competition, like, e.g., the Paris Convention, the TRIPs and the recent 2004 Unfair Commercial Practices Directive are discussed. Also an overview is given of the unfair competition laws in the United Kingdom, Germany and the Netherlands with respect to the 'problem-areas' of slavish imitation, misleading advertising, denigrating one's competitor, trade secrets and finally, misappropriation of valuable trade assets. Unfair competition law is traditionally considered part of intellectual property law. Not only the relation of unfair competition law to intellectual property laws are therefore part of the discussion but also the areas of consumer protection law (since unfair competition law is partly orientated towards consumer protection) and competition (as an economic concept) is the topic of thorough review.

Download or read book The Juridical Act written by H. D. S. van der Kaaij and published by Springer. This book was released on 2019-06-13 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book puts forward a new theoretical concept of the juridical act, this concept is not described from the perspective of a specific national legal system, but instead represents the commonalities and ideas that stem from the Western legal tradition. Since the concept is system-independent, it does not rely on national or state laws. The book begins by detailing those characteristics that distinguish juridical acts from the general group of acts. It offers clear distinctions between the different aspects of juridical acts, such as the power and the competence needed in order to perform the act, the fact that juridical acts are constitutive speech acts, and the rules that connect the act with its consequences. In the process, the book dispels much of the haziness currently surrounding juridical acts. Developed with a mix of theory and practice, this new concept is better equipped to deal with modern trends and practices. Further, since the author has freed the idea of the juridical act from the bonds of history and geography, it is also more suited to facilitating a better understanding of and explaining changes in the legal landscape, such as the rise of computer technology. Accordingly, it offers scholars and practitioners alike a valuable new tool for explaining and theorizing about the law.