Download or read book Development of Judicial Control of the European Countries written by G Bebr and published by Martinus Nijhoff Publishers. This book was released on 1981-09 with total page 840 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Paternity written by Nara B. Milanich and published by Harvard University Press. This book was released on 2019-06-10 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: “In this rigorous and beautifully researched volume, Milanich considers the tension between social and biological definitions of fatherhood, and shows how much we still have to learn about what constitutes a father.” —Andrew Solomon, author of Far from the Tree: Parents, Children, and the Search for Identity For most of human history, the notion that paternity was uncertain appeared to be an immutable law of nature. The unknown father provided entertaining plotlines from Shakespeare to the Victorian novelists and lay at the heart of inheritance and child support disputes. But in the 1920s new scientific advances promised to solve the mystery of paternity once and for all. The stakes were high: fatherhood has always been a public relationship as well as a private one. It confers not only patrimony and legitimacy but also a name, nationality, and identity. The new science of paternity, with methods such as blood typing, fingerprinting, and facial analysis, would bring clarity to the conundrum of fatherhood—or so it appeared. Suddenly, it would be possible to establish family relationships, expose adulterous affairs, locate errant fathers, unravel baby mix-ups, and discover one’s true race and ethnicity. Tracing the scientific quest for the father up to the present, with the advent of seemingly foolproof DNA analysis, Nara Milanich shows that the effort to establish biological truth has not ended the quest for the father. Rather, scientific certainty has revealed the fundamentally social, cultural, and political nature of paternity. As Paternity shows, in the age of modern genetics the answer to the question “Who’s your father?” remains as complicated as ever.

Download or read book A Casebook on European Consumer Law written by Reiner Schulze and published by Bloomsbury Publishing. This book was released on 2002-12-03 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: European consumer law has become a vital part of both legal education and practice. This Casebook details the most fundamental judgments of the Court of Justice on consumer law to date and their effect on national legal systems. It contains twenty leading European cases and is then followed by concise analyses of the effect of these decisions on some of the national legal systems of the Member States,and how national legislatures and national courts have reacted to this ever burgeoning area of European law. The focus of the book is private law, including consumer contracts, advertisement law, European product liability and consumer dispute resolutions. The Casebook is an essential guide for students and practitioners alike. It provides the reader with an overview of the most important cases and analyses in the area of European consumer law on both European and national levels. The editors and contributors to the country reports are members of the EU- funded research network 'Common Principles of European Private Law'.

Download or read book Sales written by Ewoud Hondius and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.

Download or read book Personal Security written by Ulrich Drobnig and published by sellier. european law publ.. This book was released on 2007 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.

Download or read book Benevolent Intervention in Another s Affairs written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.

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 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.

Download or read book The Yearbook of World Polity written by William Vincent O'Brien and published by . This book was released on 1957 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Unjustified Enrichment written by Christian von Bar and published by sellier. european law publ.. This book was released on 2010 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.

Download or read book Judicial Protection in the European Communities written by Henry G. Schermers and published by Springer. This book was released on 2013-11-21 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Thoughts from a Bridge written by Eric Stein and published by University of Michigan Press. This book was released on 2000 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores a variety of issues surrounding integration in Europe

Download or read book The European Court s Political Power written by Karen Alter and published by OUP Oxford. This book was released on 2010-06-17 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Karen Alter's work on the European Court of Justice heralded a new level of sophistication in the political analysis of the controversial institution, through its combination of legal understanding and active engagement with theoretical questions. The European Court's Political Power assembles the most important of Alter's articles written over a fourteen year span, adding an original new introduction and a conclusion that takes an overview of the Court's development and current concerns. Together the articles provide insight into the historical and political contours of the ECJ's influence on European politics, explaining how and why the impact of an institution can vary so greatly over time and access different issues. The book starts with the European Coal and Steel Community, where the ECJ was largely unable to facilitate greater member state respect for ECSC rules. Alter then shows how legal actors orchestrated an activist transformation of the European legal system, with the critical aid of jurist advocacy movements, and via the co-optation of national courts. The transformation of the European legal system wrested control from member states over the meaning of European law, but the ECJ continues to have varying influence across different issues. Alter explains that the differing influence of the ECJ comes from the varied extent to which sub- and supra-national actors turn to it to achieve political objectives. Looking beyond the European experience, the book includes four chapters that put the ECJ into a comparative perspective, examining the extent to which the ECJ experience is a unique harbinger of the future role international courts may play in international and comparative politics.

Download or read book The Italian Influence on European Law written by Daniele Gallo and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on expertise from across the worlds of the judiciary, the bar, and legal academia, this book provides fascinating insights into the role of a key Member State and how its legal influence informs the wider Union's development. This collection sheds light on the Italian influence on European law by examining the judicial biographies of Italian judges and advocates general during almost five decades of the European Union. It explores the national ties of judges and advocates general to their Member States, to better understand the continuous relationship between the members of the EU judiciary and their Member States' governments and how they practise the principle of judicial independence, a central pillar of the ECJ's rule of law jurisprudence.

Download or read book Article 234 and Competition Law written by Barry J. Rodger and published by Kluwer Law International B.V.. This book was released on 2008-03-13 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is a truism that almost all the major principles established by the ECJ have been decided in the context of a reference to that court for a preliminary ruling under Article 234 (ex 177) EC. Article 234 facilitates a dialogue between the national courts and the ECJ in order to allow national courts to seek guidance on the appropriate interpretation of Community law principles in a particular legal dispute. From a Community perspective, this process should enhance the uniform and consistent interpretation of Community law throughout the national courts. This book adds to a growing body of literature on the ECJ’s role in developing Community law and comprises quantitative and qualitative aspects. It is based on collaborative research, involving 14 Member States, which focused on the Article 234 procedure in relation to competition law and State aid cases. Rapporteurs were appointed in each Member State from which any Article 177/234 references had been made in relation to competition law or State aid. The results presented here follow up competition law-related Article 234 rulings to their domestic legal context, to ascertain what happened in the subsequent legal phase, when parties seek to enforce their rights or rely on other party’s obligations, on the basis of the ruling by the ECJ. Each national report is built on a questionnaire seeking information on a range of issues relative to every competition law-related ruling by the ECJ in references from that Member State’s courts, including the following: the number of rulings in relation to that Member State; the dates of all rulings; details of the case background, reference questions, and the ECJ ruling for each case; and information, where available, on each post-ruling process. The research is comprehensive in reviewing all competition law-related rulings to 1 May 2004, and pioneering as being the first systematic attempt to collate detailed information on all relevant cases, including crucially the post-ruling process. This research is an important contribution to the literature on the ECJ and its role in developing a competition culture across the Community. Moreover, the importance of ensuring consistency and uniformity in the implementation of EC competition law by national courts has been given added significance following the accession of new Member States. In light of these factors, this book will serve as a reliable groundwork for further studies of the development of European integration, particularly as it focuses on competition law, an area of ever-increasing significance and importance. It is also of distinctive value to practitioners seeking precedents or juridical context on which to build arguments in European competition law.

Download or read book Public Liability in EU Law written by Pekka Aalto and published by Bloomsbury Publishing. This book was released on 2011-11-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last two decades public law liability for breach of European Union law has been subject to remarkable developments. This book examines the convergence between its two constituent systems: the damages liability of the EU and that of its Member States for failing to comply with EU rules. Member State liability, based as it is on the Francovich case (1991) and Brasserie du Pêcheur and Factortame (1996) judgments of the European Court of Justice (ECJ) is well established. But it is yet to be closely scrutinised by reference to the detailed rules on the liability of the European Union. The focus of the book is on the two key legal criteria that are common to both systems, namely the grant of rights to individuals by EU law and the notion of sufficiently serious breach of such rights. The analysis concentrates on developments in the case law of the ECJ and the General Court since the Bergaderm judgment (2000), which consolidated the convergence of the two liability systems that was first indicated in Brasserie du Pêcheur and Factortame. These two criteria are set side by side to evaluate the extent, in real terms, of the convergence of Member State and EU institutional damages liability, and to determine the extent to which one has influenced the other. This book shows that although full convergence between the two liability systems is not likely, each stream of case law should look to the other more actively as this important element of EU remedial law develops. Convergence in EU law public liability is supported by developments in adjacent areas, most notably European tort law and European administrative law. This study also illustrates how convergence in the EU liability systems to date has had spill-over effects into national public liability law.

Download or read book European Competition Law written by Michel Waelbroeck and published by BRILL. This book was released on 2022-03-28 with total page 1102 pages. Available in PDF, EPUB and Kindle. Book excerpt: This prodigious resource responds superbly to the need for a detailed and comprehensive analysis of European competition law that covers theory and practice, public and private enterprise, rules and procedures, disputes and jurisprudence. With numerous case studies from the entire history of the EC, European Community Law analyzes all the EC Treaty provisions relating to competition, as well as their superstructure of regulations and directives. Published under the Transnational Publishers imprint.

Download or read book Judicial Protection in the European Communities written by Henry Schermers and published by Springer. This book was released on 2013-11-11 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: I. Purpose of the book § 1. The Court of Justice plays a significant role in the development of the European Communities, to some extent comparable with the role of the Supreme Court in the early years of the United States of America. Both are constitutional courts charged with the preservation and the development of the law in a new society. The powers of both are in fact limited by the 1 existing political situation. Each court plays a vital role in the protection of the individual against a vast and increasingly influential administration. In the present book the attempt is made to describe the nature of the ju dicial protection within the sphere of European Community law, that is available to individuals and undertakings as well as to the Member States. The study is heavily based on the case-law of the Court of Justice, which in principle is described rather than criticized, mainly for three reasons. (I) The author has great admiration for the Court of Justice and for the manner in which it operates. He considers that a detailed description of the Court's case-law portrays a fine legal system that is not susceptible to a great amount of fundamental criticism.