Download or read book The Research Contracts written by Endre Lontai and published by BRILL. This book was released on 1977-06-02 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Download or read book Drafting International Contracts written by Marcel Fontaine and published by BRILL. This book was released on 2006 with total page 675 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drafting International Contracts" is an essential resource for anyone working in international business. It features the latest trends, fostering an understanding of how international contracts are drafted in practice.
Download or read book Theory of Obligations in International Law written by Cezary Mik and published by Taylor & Francis. This book was released on 2024-05-07 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the fulfilment of international obligations by subjects of this law, this book explores the normative and functional links between the sources and rules of international law on the one hand, and the responsibility for violating international law on the other. In the sphere of law-making, the theory of obligations allows for a more precise and considered formulation of international obligations. It has the potential to enable subjects of international law to behave more rationally, allowing deeper reflection on whether to take on obligations and how to properly perform them. This book proposes a new approach to the issue of the proper operation of international law, with the theory of obligations at its heart. Linking the institutions and concepts of international law into a rational whole, the book offers an analysis of the operation of international law and the behaviour of its subjects to develop a framework for ensuring the ultimate effectiveness of international law. Analysing sources of law including treaties and common law, alongside the resolutions of international organisations, this book demonstrates the practical application of the subject with reference to the jurisprudence of international courts and other bodies. The volume will be of interest to scholars, students, and practitioners concerned with international law – its creation, performance, application, compliance, and enforcement.
Download or read book Principles of French Law written by John Bell and published by Oxford University Press. This book was released on 2008 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering students and lawyers an introduction to the French law and legal system, this text gives an explanation of the French institutions, concepts, and techniques, providing a clear sense of the questions which French lawyers see as important.
Download or read book International Law Obligations on Climate Change Mitigation written by Benoît Mayer and published by Oxford University Press. This book was released on 2022 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive doctrinal study of states' obligations on climate change mitigation, showing that obligations arise not only from climate treaties, but also from customary international law, unilateral declarations, and human rights treaties, and exploring the interactions between these multiple obligations.
Download or read book Third Party Certifiers written by Jan De Bruyne and published by Kluwer Law International B.V.. This book was released on 2019-07-12 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.
Download or read book New Features in Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.
Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.
Download or read book Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2010-11-09 with total page 1869 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
Download or read book The Alternative Investment Fund Managers Directive written by Dirk A. Zetzsche and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 907 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from MiFID, the Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early twenty-first century. In this in-depth analytical and critical discussion of the content and system of the directive, thirty-eight contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, the requirements for depositaries and prime brokers, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: – connection with systemic risk and the financial crisis; - nexus with insurance for negligent conduct; - connection with corporate governance doctrine; - risk management; - transparency; - the cross-border dimension; - liability for lost assets; - impact on alternative investment strategies, and - the nexus with the European Regulation on Long-Term Investment Funds (ELTIFR). Nine country reports, representing most of Europe’s financial centres and fund markets add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Austria, France, Germany, Italy, Luxembourg, Liechtenstein, The Netherlands, Malta and the United Kingdom. The second edition of the book continues to deliver not only the much-needed discussion of the inconsistencies and difficulties when applying the directive, but also provides guidance and potential solutions to the problems it raises. The second edition considers all new developments in the field of alternative investment funds, their managers, depositaries, and prime brokers, including, but not limited to, statements by the European Securities and Markets Authority (ESMA) and national competent authorities on the interpretation of the AIFMD, as well as new European regulation, in particular the PRIIPS Regulation, the ELTIF Regulation, the Regulation on European Venture Capital Funds (EuVeCaR), the Regulation on European Social Entrepreneurship Funds (EUSEFR), MiFID II, and UCITS V. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, administrators, as well as regulators and academics in the field.
Download or read book Shared Obligations in International Law written by Nataša Nedeski and published by Cambridge University Press. This book was released on 2022-07-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are various situations in which multiple states or international organizations are bound to an international obligation in the context of cooperative activities and the pursuit of common goals. This book puts forward a concept of shared obligations that enables scholars and practitioners to tackle questions raised by this phenomenon.
Download or read book Letters of Comfort written by Anton P. Trichardt and published by Kluwer Law International B.V.. This book was released on 2011-12-01 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the first thoroughgoing analysis of the contractual effect of letters of comfort as it appears in both common law and civil law systems. The commentary draws on cases from a wide variety of jurisdictions and on the full range of legal scholarship on the subject in several languages. Among the specific issues and topics raised along the way are the following: the typology of letters of comfort; the legal nature of letters of comfort; the use of letters of comfort in corporate group and banking practice; the economic explanation for the use of letters of comfort; the contractual effect of letters of comfort in French law; ‘ten commandments’ of letters of comfort; Clearly evoking the tension between business needs, the law, and judicial application, the book analyses what happens when the relationship between a lender and a creditor breaks down, or the latter becomes insolvent, and courts or arbitrators are asked to determine the legal status of a comfort letter. This is an area of practice in which lawyers in any field of business activity are inevitably concerned, and in which useful guidance is scarce. For this reason this detailed analysis will be very welcome.
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 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 Law of International Responsibility written by James Crawford and published by Oxford University Press. This book was released on 2010-05-20 with total page 1364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of international responsibility is one of international law's core foundational topics. Written by international experts, this book provides an overview of the modern law of international responsibility, both as it applies to states and to international organizations, with a focus on the ILC's work.
