Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Download or read book European Perspectives on Producers Liability written by Martin Ebers and published by Walter de Gruyter. This book was released on 2009-10-16 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing number of countries recognise a direct producers' liability for non-conforming goods. The European Commission has considered the introduction of an EU-wide direct producers' liability for a long time. Will there be new responsibilities for producers in the future? This book compiles national reports from 24 European countries on the sale of goods law as well as the consumer's remedies for non-conforming goods and the final seller's right of redress. A comparative report informs about the different models of producers' liability and their impact on the internal market. Beneficial for practitioners working in the field of consumer contract law and sale of goods law.
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 The Cambridge Handbook of Class Actions written by Brian T. Fitzpatrick and published by . This book was released on 2021-02-03 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic activity is more globally integrated than ever before, but so is the scope of corporate misconduct. As more and more people across the world are affected by such malfeasance, the differences in legal redress have become increasingly visible. This transparency has resulted in a growing convergence towards an American model of robust private enforcement of the law, including the class-action lawsuit. This handbook brings together scholars from nearly two dozen countries to describe and assess the class-action procedure (or its equivalent) in their respective countries and, where possible, to offer empirical data on these systems. At the same time, the work presents a variety of multidisciplinary perspectives on class actions, from economics to philosophy, making this handbook an essential resource to academics, lawyers, and policymakers alike.
Download or read book Liber amicorum Jean Luc Fagnart written by Jean Rogge and published by Anthemis. This book was released on 2008 with total page 1015 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book French Legal Method written by Eva Steiner and published by Blackstone Press. This book was released on 2002 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text aims to assist the increasing numbers of students involved in Anglo-French law programmes in working out the techniques of legal analysis in France in the course of their legal studies. It brings together theory and practice of legal reasoning in France in a comparative perspective.
Download or read book African Journal of International and Comparative Law written by and published by . This book was released on 1995 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book English and Continental Maritime Law written by Herman Boonk and published by Maklu. This book was released on 2003 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixth marine law seminar organized by the European Institute of Marine and Transport Law.
Download or read book The Consistent Application of EU Competition Law written by Adriana Almășan and published by Springer. This book was released on 2017-01-04 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there has been a decentralisation of the enforcement of the EU competition law provisions, Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU). Consequently, the national application of these provisions has become increasingly more common across the European Union. This national application poses various challenges for those concerned about the consistent application of EU competition law. This edited collection provides an in-depth analysis of the most important limitations of, and the challenges concerning, the applicability of Articles 101 and 102 TFEU at national level. Divided into five parts, the book starts out by examining how the consistent enforcement of Articles 101 and 102 TFEU operates as a general EU competition policy. It then discusses several recent landmark cases of the European Court of Justice on Articles 101 and 102 TFEU, before proceeding to analyse certain additional, unique jurisdictional challenges to the uniform application of the EU competition law provisions. Subsequently, it focuses on one of the most important instruments that can help to achieve the uniform application of EU competition law in cases handled by the national courts: preliminary rulings. Finally, it provides selective examples of how Articles 101 and 102 TFEU are effectively applied at national level, thereby providing additional input into how problematic the issue of consistent application of EU competition law is in practice.
Download or read book French Law written by Eva Steiner and published by Oxford University Press, USA. This book was released on 2010-03-04 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an account of the French legal system and its internal workings. It explains both the institutions and substantive law along with the methodology that underpins the system. Comparisons to other legal jurisdictions are made throughout.
Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.
Download or read book Failure of Contracts written by Francis Rose and published by Hart Publishing. This book was released on 1997-07-19 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the consequences of contractual failure by leading commercial lawyers from the common law world.
Download or read book A Concise Encyclopedia of the United Nations written by Helmut Volger and published by BRILL. This book was released on 2021-12-28 with total page 826 pages. Available in PDF, EPUB and Kindle. Book excerpt: This English edition of the German "Lexikon der Vereinten Nationen" provides concise and comprehensive information not only about the structure of the UN system, its goals and functions, but about recent developments and reform efforts in the face of global opportunities and challenges. The contributing authors are academic scholars of international law, economics and political sciences; active and former diplomats and UN officials; journalists and members of non-governmental organizations (NGOs), and offer a variety of interesting perspectives. The entries are provided with Internet addresses for further information and are supplemented in the annex with a trilingual list (English-French-German) of the most important institutions and items of the official terminology and a list of information facilities concerning the UN. Readership: scholars and students of international law, international economics and political sciences, teachers, journalists, diplomats and politicians in the parliaments of the UN member states. "This new encyclopedia on the United Nations is a welcome addition to the works of academic research and political analysis covering the organization, its complex goals in the post-cold war era, and its ever broader role in the new millennium. While taking stock of more than half a century's achievements and setbacks, the encyclopedia also reflects the many ways in which the United Nations touches the lives of people everywhere." from the Preface by UN Secretary-General Kofi Annan
Download or read book Private Enforcement of European Competition and State Aid Law written by Ferdinand Wollenschläger and published by Kluwer Law International B.V.. This book was released on 2020-01-09 with total page 439 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Enforcement of European Competition and State Aid Law Current Challenges and the Way Forward Edited by: Ferdinand Wollenschläger, Wolfgang Wurmnest & Thomas M.J. Möllers The overlapping European Union (EU) regimes of competition law and State aid law both provide mechanisms allowing private plaintiffs to claim compensation for losses or damages. It is thus of significant practical value to provide, as this book does, analysis and guidance on achieving enforcement of such claims, written by renowned authorities in the two fields. The book examines the two areas of law both from an EU perspective and from the perspectives of private enforcement in France, Germany, Italy, the Netherlands, Spain and the United Kingdom. In country reports for these major jurisdictions, as well as in more general and comparative chapters, the authors focus on such issues as the following: impediments to private enforcement; which entity is liable for damages; binding effect of decisions of competition authorities; limitation of actions; collective actions and pooling of claims; enforcement of the standstill obligation (Article 108(3) TFEU); remedies and information deficits; cooperation and coordination between national courts and the European Commission; transposition of the so-called Damages Directive (Directive 2014/104/EU) by the EU Member States; extent to which the strengthening of private enforcement of competition law has a spillover effect on State aid law; and prospects for harmonisation of State aid law. A concluding section identifies enforcement deficits and proposes ways to improve the existing legal framework. As an in-depth assessment of key obstacles and best practices in private enforcement actions, this highly informative and practical volume facilitates choice of the best forum for competition and State aid law cases. Academics and practitioners engaged with this important area of European law will appreciate the authors’ awareness of the economic need and legal particularities which could generate an effective European system of private enforcement of legitimate claims under EU competition and State aid law.
Download or read book PRODUCT LIABILITY written by Helmut Koziol and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-11-07 with total page 624 pages. Available in PDF, EPUB and Kindle. Book excerpt: Where products develop ever more rapidly, the law may face difficulties in responding accordingly to new security threats which may arise. In the field of product liability, an extraordinary need for legal development has thus been perceived, with legislators and judges feeling compelled to find new solutions and to look across borders for these. In the detailed reports in this book, the World Tort Law Society proves that it is in an ideal position to examine the most significant concepts. The report on North America studies the special regime for product liability from its origin in the case law of the US; the European report is centred around the EU Product Liability Directive with its merits and faults; and the influence of these two systems as well as new answers are shown in the reports on Asia, Russia and four key jurisdictions in the rest of the world. Similar questions are discussed worldwide: How can a strict liability regime for products be justified, and can it be justified in all cases? How does the special regime relate to general rules of tort law? Should services be subject to a similar regime? The Members of the Society seek to provoke thought for solutions to these pervasive problems. In this spirit, the volume’s comparative conclusions invite discussion, and the book includes four responses to that call from eminent tort lawyers from different legal backgrounds.
Download or read book Multimodal Transport written by Ralph de Wit and published by . This book was released on 1995 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work covers the common carrier liability and documentation issues. The book includes a comparative study of the law in six countries (Belgium, France, Germany, The Netherlands, the United Kingdom and the USA) regarding multimodal transport encompassing the various modes of transport. In addition, the general law of obligations (contract and tort), which differs considerably between states has been provided, taking into account how it applies to a multimodal contract.
