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 International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Division of Wrongs written by Eric Descheemaeker and published by Oxford University Press (UK). This book was released on 2009-06-18 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: rectify. Readership: Academics in the areas of comparative law, tort law, legal history, and Roman 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 Recueil Des Cours written by and published by Martinus Nijhoff Publishers. This book was released on 1974-08-08 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Internationales und Ausl ndisches Recht written by Internationale Vereinigung für Vergleichende Rechtswissenschaft und Volkswirtschaftslehre zu Berlin and published by . This book was released on 1914 with total page 1046 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours Collected Courses 1974 written by Académie de droit international de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1977-05-01 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book The Past Present and Future of Comparative Law Le pass le pr sent et le futur du droit compar written by Katharina Boele-Woelki and published by Springer. This book was released on 2018-07-16 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published by the International Academy of Comparative Law to honor five great comparatists: Jean-Louis Baudouin from Canada, Xavier Blanc-Jouvan from France, Mary Ann Glendon from the United States of America, Hein Kötz from Germany, and Rodolfo Sacco from Italy. The five great minds present their thoughts on the past, the present and future of comparative law and in doing so they particularly focus on the future of the International Academy of Comparative Law, comparative law methodology and the teaching of comparative law. The book is essential reading for researchers and academics wanting to know what these respected legal scholars have contributed to comparative law, how they differ and when and why they excelled. Moreover, the views presented suggest how the role of the Academy can be developed in order to deal with the current challenges of comparative law. Ce livre est publié par l'Académie internationale de droit comparé en l'honneur de cinq grands comparatistes : Jean-Louis Baudouin du Canada, Xavier Blanc-Jouvan de France, Mary Ann Glendon des États-Unis, Hein Kötz d'Allemagne et Rodolfo Sacco d'Italie. Ces cinq grands esprits offrent leurs réflexions sur le passé, le présent et le futur du droit comparé et, ce faisant, se concentrent particulièrement sur l'avenir de l'Académie internationale de droit comparé, la méthodologie ainsi que l'enseignement du droit comparé. Ce livre est une lecture essentielle pour les chercheurs et les universitaires qui s’intéressent aux contributions au droit comparé de ces juristes respectés, la manière dont ils diffèrent et quand et pourquoi ils ont excellé. De plus, les points de vue présentés suggèrent comment le rôle de l'Académie peut être développé pour faire face aux défis actuels du droit comparé.
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Download or read book Unification of Tort Law Wrongfulness written by Francesco Donato Busnelli and published by Kluwer Law International B.V.. This book was released on 1998-11-18 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers various European countries and South Africa.
Download or read book Launching Space Objects Issues of Liability and Future Prospects written by V. Kayser and published by Springer Science & Business Media. This book was released on 2006-04-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launch activities performed by private entities deal with a complex legal environment. The Space Treaties provide a general liability framework. Launch participants are subject to regulatory or institutional control, and to domestic liability laws. Specific contractual practice has developed due to insurance limitations, the inter-participants' waivers of liability and claims. This book synthesizes information on the norms of play, to allow the grasp of their relative weight and interactions in the assessment of liability risk for launch activities. It reveals a legal framework presently lacking sufficient predictability for an efficient liability risk management: the waivers of liability suffer weaknesses as do all such clauses, and lack uniformity and reliability; and the Space Treaties contain ambiguous terms preventing predictable determination of the States responsible for authorizing and supervising launch activities and for damage compensation, and do not reflect the liability of launch operators. This book offers suggestions of new approaches for: harmonizing waivers of liability to improve their consistency, validity and flow-down; and improving the Space Treaties for their implementation to non-governmental launch activities. In the launch community, the need for lawmaking is less compelling than in fields such as aviation. Nevertheless, adjustments to the present framework are proposed through model clauses and an international instrument, for further thinking and contribution by those sharing the opinion that creative lawmaking is needed now to prepare for tomorrow's endeavors.
Download or read book Legal trends in international lending and investment in the developing countries written by and published by Martinus Nijhoff Publishers. This book was released on 1984-03-30 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law .
Download or read book Collection of ICC Arbitral Awards 2016 2020 written by Jean-Jacques Arnaldez and published by Kluwer Law International B.V.. This book was released on 2022-02-28 with total page 1675 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collection of ICC Arbitral Awards 2016¿2020 contains extracts of cases handled by the ICC Court of Arbitration, one of the world’s most respected arbitral institutions. This most recent collection supplements seven previous and successful volumes containing awards from the period 1974 to 2015. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; a chronological index lists the awards; a keyword index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes.
Download or read book Collection of ICC Arbitral Awards 1996 2000 written by Jean-Jacques Arnaldez and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 852 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collection of ICC Arbitral Awards 1996-2000 contains extracts of cases handled by the ICC Court of Arbitration, one of the worldands most respected arbitral institutions. This most recent collection supplements three previous and successful volumes containing awards from the periods 1974-1985, 1986-1990 and 1991-1995. This collection is a practical reference tool, containing three types of useful indexes incorporating information from all three volumes: a consolidated analytical table, in both English and French, contains extensive cross-references based on the terminology used in awards and case notes; a chronological index lists the awards; a key word index, also provided in both languages, allows the reader to locate the material of interest quickly and easily. In addition to providing a wealth of information in a highly accessible manner, this book includes case notes end expert commentaries on the awards. This publication is an indispensable reference work for anyone interested in international arbitration and in the reasoning of international arbitrators on the interpretation and application of contractual clauses, international conventions, and the law of international trade. It is invaluable to both scholars and practitioners involved in the drafting and negotiation of international commercial contracts and the resolution of international commercial disputes. Collection of ICC Arbitral Awards (CIAA) Vol. 4
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 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.
