Download or read book Le droit de la construction au Luxembourg written by Cyril Chapon and published by Éditions Larcier. This book was released on 2018-03-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dans cet ouvrage, l‘auteur brosse un tableau complet et actuel du droit de la construction au Luxembourg. À partir d’une analyse fouillée du contrat d’entreprise, il détaille les obligations des constructeurs et du maître d’ouvrage pour procéder ensuite à une analyse détaillée du régime de la responsabilité du constructeur. Suit l’analyse du régime de la vente en l’état futur d’achèvement laquelle renvoie en partie aux articles régissant la responsabilité des constructeurs. Une attention particulière est accordée à la responsabilité du constructeur dans ses relations avec les tiers, que ce soit au niveau des troubles de voisinage ou de la servitude de tour d’échelle. Avant de terminer son ouvrage avec une analyse complète des obligations et de la responsabilité des architectes et ingénieurs, il présente les caractéristiques du contrat de la vente sous l’angle de la vente immobilière.
Download or read book Legitimate expectations in Luxembourg tax law written by Fatima Chaouche and published by Éditions Larcier. This book was released on 2019-06-25 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of a 4-year research project conducted at the Faculty of Law of the University of Luxembourg. It explores the legal value and enforceability of tax circulars and tax rulings in Luxembourg domestic law in light of the principle of legitimate expectations and related principles. After studying the historical roots of both interpretative acts, this research questions the level of protection taxpayers enjoy when relying on circulars and tax rulings and contains a review of decades of administrative case-law to assess the judicial discourse on taxpayers’ rights to certainty. This book further investigates the case of circulars and tax rulings that contain interpretations of tax laws that are contrary to the law (contra legem) and builds upon the existing normative framework to introduce proposals addressing issues of uncertainty and inequality taxpayers are likely to suffer when relying on such interpretative acts. Prix Pierre Pescatore de la Faculté de Droit de Luxembourg (École doctorale de droit).
Download or read book General course on private international law written by and published by Martinus Nijhoff Publishers. This book was released on 1979-11-05 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Recueil Des Cours Collected Courses 1933 written by Acadimie de Droit International de La Haye and published by Martinus Nijhoff Publishers. This book was released on 1968-12-01 with total page 814 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The FIDIC Red Book Contract written by Christopher Seppälä and published by Kluwer Law International B.V.. This book was released on 2023-04-25 with total page 1073 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conditions of Contract for Construction – known universally as the Red Book – published by the International Federation of Consulting Engineers (known by its French acronym FIDIC) is the most widely used standard form of international construction contract. This book is a detailed commentary on the 2022 reprint of the 2017 FIDIC Red Book. For each of the Red Book’s 168 Sub-Clauses the commentary: identifies changes from the 1999 edition; analyses the meaning and significance of the Sub-Clause and lists related Sub-Clauses; describes related international arbitration awards, national court decisions and legal principles; and, where appropriate, proposes amendments to improve the Sub-Clause. As the FIDIC Yellow and Silver Books are very similar to the Red Book, much of the commentary is equally applicable to those forms of contract. The author is a FIDIC ‘insider’ having served for more than thirty years as Legal/Special Adviser to, or Member of, the FIDIC Contracts Committee which is responsible for preparing FIDIC’s contracts. This book is an indispensable resource for all parties called on to work with a FIDIC contract. With guidance for every stage of a construction project, whether in drafting, negotiating, performing, interpreting, or administering a FIDIC contract, the book’s easy-to-use structure includes such issues and topics as the following: introduction to FIDIC and its contracts and to publications of FIDIC and others relevant to the Red Book including the 2022 FIDIC Contracts Guide; critical examination of each Sub-Clause and advice for amending the same in order to better adapt it to the interests of each party (the Employer or the Contractor); special attention to each Sub-Clause relating to the Contractor’s and the Employer’s claims and claims procedure and to how to assert claims effectively, as well as to time bars and other pitfalls and how they may be overcome; detailed examination of Sub-Clauses relating to the referral of issues or disputes to the Dispute Avoidance/Adjudication Board and, if necessary, to international arbitration, and optimal strategies for doing so; discussion of the changes required to the 2017 Red Book by The World Bank’s Conditions of Particular Application (‘COPA’); reference, where appropriate, to the UNIDROIT Principles of International Commercial Contracts and trade usages; comprehensive discussion of practical issues that arise under common law, civil law and international legal principles, especially when a contract is with a state or public body; comparison of common law and civil law methods of contract interpretation and a suggested practical approach to interpretation given a FIDIC contract’s international arbitration clause; and overcoming problems that can arise when a contract is governed by the law of a less-developed country. Legal and technical terms are clearly defined, and numerous figures and tables are included to illustrate steps in contract procedures. Detailed attention is paid to terminological distinctions among the various legal traditions, including a comparison of British-English and American-English construction contract terms. Unquestionably the most detailed and thorough commentary ever published on the FIDIC Red Book, this highly practical work enables preparers of FIDIC contracts to amend and adapt the Red Book’s provisions to a particular project. Dispute adjudicators, arbitrators, and judges will welcome the book’s authoritative guidance on interpreting the provisions of a FIDIC contract, and engineers and other construction professionals involved in contract administration will appreciate the book’s many practical features.
Download or read book 2011 written by and published by Walter de Gruyter. This book was released on 2013-03-01 with total page 2983 pages. Available in PDF, EPUB and Kindle. Book excerpt: Particularly in the humanities and social sciences, festschrifts are a popular forum for discussion. The IJBF provides quick and easy general access to these important resources for scholars and students. The festschrifts are located in state and regional libraries and their bibliographic details are recorded. Since 1983, more than 639,000 articles from more than 29,500 festschrifts, published between 1977 and 2010, have been catalogued.
Download or read book La famille dans l ordre juridique de l Union europ enne Family within the Legal Order of the European Union written by Elsa Bernard and published by Bruylant. This book was released on 2020-12-31 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit de la famille, dans sa dimension civiliste, fortement ancré dans les cultures nationales des États membres, est une matière qui ne relève pas, en principe, du droit de l’Union européenne. Pourtant, il n’est plus possible d’affirmer que la matière échappe dans son entier au droit de l’Union. De nombreux aspects de la famille sont sous influence européenne, au point que l’on voit se dessiner les contours d’une « famille européenne ». L’ouvrage propose de mettre en lumière l’acquis européen en matière de droit de la famille, au prisme du droit matériel (citoyenneté européenne, politique sociale de l’Union, fonction publique européenne...), comme du droit international privé. Le droit de la famille de l’Union s’identifie alors comme un «droit spécial» complétant la diversité des droits nationaux de la famille. Sa signification théorique et politique dans l’Union est débattue par les auteurs, autant que son devenir. Loin de demeurer fragmentaire à côté des droits nationaux des États membres, il a probablement vocation à se densifier pour offrir aux citoyens et résidents européens un droit commun de la famille au sein de l’Union. Family law, with its civil law tradition, and strong roots in the national cultures of the Member States, does not normally fall within the scope of European law. However, it is no longer possible to argue that family law is outside European law entirely. There are many aspects of the family which are subject to European influence, to the point that the outlines of a «European family» are starting to emerge. This book is intended to highlight the European experience of family law and its substantive (i.e. European citizenship, EU social policy, EU civil service...) and private international law aspects. Union law therefore contains a form of «special» family law which is shared between the Member States and supplements their national family laws. Its theoretical and political importance in the Union, as well as its future, are discussed by the authors. Far from remaining fragmented alongside the national laws of Member States, it will likely develop to offer European citizens and residents a common family law within the EU.
Download or read book The European Legal 500 written by and published by . This book was released on 2002 with total page 1430 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L obligation de renvoi pr judiciel la Cour de justice written by Laurent Coutron and published by Primento. This book was released on 2014-05-27 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amorcé par l’arrêt Köbler, un mouvement jurisprudentiel récent a conduit la Cour de justice à concevoir divers mécanismes qui permettent aux justiciables de sanctionner, directement ou indirectement, une juridiction nationale qui a méconnu son obligation de renvoi préjudiciel. C’est ainsi que les justiciables pourront solliciter la remise en cause de la chose décidée, voire de la chose jugée ou encore, chercher à engager la responsabilité «judiciaire» de l’État. On pressent pourtant que les solutions, très restrictives, forgées par la Cour de justice sont supplantées par les dispositifs nationaux. Ceux-ci paraissent en effet plus aisés à actionner, voire plus performants, qu’il s’agisse de la violation du droit au juge légal, comme en Allemagne ou en Espagne, ou encore de l’introduction du dispositif législatif suédois. La présentation – sans égal à ce jour – de près de vingt rapports nationaux permettra de mieux apprécier l’effectivité de la protection juridictionnelle dont disposent les justiciables via le renvoi préjudiciel. L’intérêt de cet ouvrage est d’autant plus vif que l’adhésion prochaine de l’Union européenne à la Convention européenne des droits de l’homme se traduira vraisemblablement par une revitalisation des dispositions permettant de sanctionner une violation de l’obligation de renvoi préjudiciel. Cet ouvrage s’adresse principalement aux magistrats et aux avocats, ainsi qu’aux universitaires spécialisés dans l’étude du droit processuel.
Download or read book The Mandatory Disclosure Regime in Luxembourg A Practical Guide written by Oliver R. Hoor and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mandatory disclosure regime (?MDR?) requires intermediaries (that are tax advisers and other service providers) to report certain cross-border arrangements to the Luxembourg tax authorities. The MDR is the transposition of DAC 6 that required the implementation of the MDR in all European Member States. 00The MDR operates through a system of hallmarks that may trigger reporting obligations and the main benefit test (?MBT?) that functions as a threshold requirement for many of these hallmarks. As such, the MBT should filter out irrelevant reporting and enhance the usefulness of the information collected because the focus will be on arrangements that have a higher probability of truly presenting a risk of tax avoidance. When applicable, the MBT sets a fairly high threshold for reporting under the MDR. 00It can be anticipated that potential reporting obligations under the MDR will become an integral part of each and every tax analysis and should be considered at an early stage. This will ensure that taxpayers can take into account potential reporting obligations in their decision as to whether or not to implement a certain cross-border arrangement. This on its own will achieve the desired deterrence effect as both intermediaries and taxpayers will need to carefully consider potential reporting obligations. 0The MDR introduces some vague definitions and concepts that can, at times, make it difficult for practitioners to determine whether or not a specific cross-border arrangement is reportable. However, for taxpayers it is important that the reporting in Luxembourg and across Europe is as consistent as possible. Therefore, intermediaries and taxpayers have to allocate appropriate resources to ensure compliance with the MDR.00This book is a practical guide that analyses the scope and limits of the MDR in Luxembourg.
Download or read book European Integration and International Co Ordination Studies in Transnational Economic Law in Honour of Claus Dieter Ehlermann written by Armin von Bogdandy and published by Kluwer Law International B.V.. This book was released on 2002-03-20 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the prominent legal roles Claus-Dieter Ehlermann has played in his career, his leadership of the Legal Service of the European Commission is perhaps the best known. This liber amicorum appears as his term at the Appellate Body of the World Trade Organization draws to a close. In this book 30 of his colleagues offer fresh and provocative insights into many of the areas of international law on which Professor Dr Ehlermann has left his stamp. Topics include: the WTO dispute settlement system; regulation of trade barriers; the first signs of a global jurisprudence; the principle of proportionality; enforcement of competition law; and the place of human rights in European and global integration. This book's evaluations and proposals should find thought-provoking echoes in the minds of all those concerned with any of the integration processes under way in today's interdependent world
Download or read book The Contributions of the CJEU and the ECtHR in the Field of Taxpayers Procedural Safeguards written by Lyubomir Antonov and published by GRIN Verlag. This book was released on 2023-06-23 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctoral Thesis / Dissertation from the year 2023 in the subject Law - Tax / Fiscal Law, University of Strasbourg (Centre for International and European Studies), course: European Tax Law, language: English, abstract: The thesis addresses the challenge to compare both the CJEU and the ECtHR case-laws dealing with issues concerning the taxpayers' procedural rights. Those courts faced the same difficulty to guarantee the European taxpayers' rights while neither the EU Founding Treaties, nor the European Convention on Human Rights include stipulations with sheer fiscal purpose. However, despite that apparent mutism, the Convention and EU law turn out today to be fundamental sources in the field of taxation. Similarly to the CJEU, who impelled the Member States to direct taxation "downward harmonisation", the ECtHR set up a constructive case-law, which unveiled fiscal perspectives over stipulations that have not been conceived originally under such conception. The thesis is focused on the contributions both European courts delivered in the field of taxpayers' procedural safeguards and investigates into the existence of a common corpus: all taxation phases are thus covered, regardless of whether it is in the stage of tax base assessment, tax liquidation or tax collection, but as well and mostly so regarding the administrative oversight and prospective sanctions that could result from. The thesis overpasses its initial scope in order to examine legal tools and reasoning patterns European justices in both courts have put in place in order to give rise to taxpayers' real procedural safeguards.
Download or read book L int gration Du Droit International Et Communautaire Dans L ordre Juridique National written by Pierre Michel Eisemann and published by Martinus Nijhoff Publishers. This book was released on 1996-06-26 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Just how International and European Community Law is being integrated into domestic legal systems is as yet not too well known. To gain a clear overview of this grey area requires more than knowing about the various constitutional rules. What is also needed is a study of little-known administrative practices and the attitudes of the national courts, where case-law is often as complex as it is diverse. When all these elements are taken into account, the general picture that emerges is a much more subtle one, transcending the classical positions based on the theories of monism and dualism. To grasp this reality and go beyond preconceived ideas, it seemed indispensable to make a thorough analysis of national practices. To this end, the International Law Centre of the University of Paris XIII (Cedin Paris XIII) took the initiative, in 1990, of setting up a network of European international lawyers to work on the theme International norms and legal barriers'. This book presents the outcome of the network's programme. The research was organized on the basis of a single questionnaire which provided the outline of a common workplan, to which each of the contributors has adhered. Detailed comparisons of national practices can now be made, relating in particular to international treaties, acts of international organisations and of the European Communities, and to unwritten international law. This is the first time that such a comprehensive and detailed survey has been made of all thirteen countries. Reading the national reports one after the other provides complete information on domestic practices; reading them crosswise gives a direct comparison between the different countries on specificissues.
Download or read book National Union Catalog written by and published by . This book was released on 1982 with total page 1032 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes entries for maps and atlases.
Download or read book M langes Skubiszewski Krzysztof written by Jerzy Makarczyk and published by Martinus Nijhoff Publishers. This book was released on 1996-12-05 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Theory of International Law at the Threshold of the 21st Century" is a remarkable book, and is destined to become a standard work, without which no International Law library will be complete. The essays contained in this volume are written by the foremost experts, and the topics have been chosen with the greatest care, to reflect the most pressing current problems facing the world community. The research and writing made available in this collection will be of enduring worth, and will be studied and quoted for decades to come. It follows in the finest traditions of the major collective works published by Martinus Nijhoff/Kluwer Law International. It is most appropriate that a remarkable book should be dedicated to a remarkable man, and the editor of the volume Professor Jerzy Makarczyk has ensured that the choice of writers, the choice of topics and the quality of the material do indeed honour one of the leading international lawyers of his generation: Professor Krzysztof Skubiszewski.
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 British and Foreign State Papers written by Great Britain. Foreign and Commonwealth Office and published by . This book was released on 1893 with total page 1488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
