Download or read book Le polizze fideiussorie nel sistema delle garanzie personali e Pub written by TARTAGLIA PAOLO and published by G Giappichelli Editore. This book was released on 2021-07-06 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le polizze fideiussorie hanno assunto particolare ed attuale rilevanza nel quadro delle garanzie personali in alternativa alle fideiussioni bancarie e alla cauzione reale anche per espressa previsione della legislazione speciale (nei contratti pubblici di lavori, servizi e forniture, nei rapporti doganali e tributari). Dottrina e giurisprudenza con soluzioni talora contrastanti hanno fornito contributi sulla natura giuridica delle polizze che, se pur assimilabili sotto il profilo funzionale, non sono inquadrabili in una categoria unitaria. Solo l’esame delle singole clausole contenute nelle diverse fattispecie consente di ricostruire il loro inquadramento come garanzie accessorie o autonome. La monografia approfondisce anche il tema delle possibili escussioni abusive da parte del beneficiario e i rimedi predisposti dall’ordinamento sia per il contraente di polizza che per il garante nell’ottica di un adeguato contemperamento degli interessi.
Download or read book Le polizze fideiussorie nel sistema delle garanzie personali e Book written by TARTAGLIA PAOLO and published by G Giappichelli Editore. This book was released on 2021-07-06 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Le polizze fideiussorie hanno assunto particolare ed attuale rilevanza nel quadro delle garanzie personali in alternativa alle fideiussioni bancarie e alla cauzione reale anche per espressa previsione della legislazione speciale (nei contratti pubblici di lavori, servizi e forniture, nei rapporti doganali e tributari). Dottrina e giurisprudenza con soluzioni talora contrastanti hanno fornito contributi sulla natura giuridica delle polizze che, se pur assimilabili sotto il profilo funzionale, non sono inquadrabili in una categoria unitaria. Solo l’esame delle singole clausole contenute nelle diverse fattispecie consente di ricostruire il loro inquadramento come garanzie accessorie o autonome. La monografia approfondisce anche il tema delle possibili escussioni abusive da parte del beneficiario e i rimedi predisposti dall’ordinamento sia per il contraente di polizza che per il garante nell’ottica di un adeguato contemperamento degli interessi.
Download or read book Correspondent Central Banking Model CCBM written by European Central Bank and published by . This book was released on 1998 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Download or read book The Legal Order written by Santi Romano and published by Routledge. This book was released on 2017-07-14 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1917 (Part 1) and 1918 (Part 2), with a second edition in 1946, this is the first English translation of Santi Romano’s classic work, L’ordinamento giuridico (The Legal Order). The main focus of The Legal Order is the notion of institution, which Romano considers to be both the core and distinguishing feature of law. After criticising accounts of the nature of law centred on notions of rule, coercion or authority, he offers a compelling conception, not merely of law as an institution, but of the institution as ‘the first, original and essential manifestation of law’. Romano advances a definition of a legal institution as any group who share rules within a bounded context: for example, a family, a firm, a factory, a prison, an association, a church, an illegal organisation, a state, the community of states, and so on. Therefore, this understanding of legal institutionalism at the same time provides a ground-breaking theory of legal pluralism whereby ‘there are as many legal orders as institutions’. The acme of a jurisprudential current long overlooked in the Anglophone environment (Romano’s work is highly regarded in France, Germany, Spain and South America, as well as in Italy), The Legal Order not only proposes what Carl Schmitt described as a ‘very significant theory’. More importantly, it offers precious insights for a thorough rethinking of the relationship between law and society in today’s world.
Download or read book The Principles of the Law of Restitution written by Graham Virgo and published by Oxford University Press, USA. This book was released on 2015 with total page 815 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title seeks to analyse the law of restitution, that body of law concerned with the award of remedies assessed by reference to a gain made by a defendant rather than a loss suffered by the claimant. It focuses on those claims founded on unjust enrichment, and the award of restitutionary remedies.
Download or read book Contract Children written by Daniela Danna and published by ibidem-Verlag / ibidem Press. This book was released on 2015-07-01 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Surrogate motherhood is expanding all over the world. Debates rage over how public policy should consider the signing away of the parental rights of birth mothers in favor of a 'commissioning' couple or an individual. In this book, Daniela Danna describes the situation in English-speaking countries and worldwide, from California to Greece, presenting the legal alternatives regulating (or not) these peculiar exchanges. Should surrogacy remain a private agreement? Should it be treated as an enforceable contract? Are surrogate mothers workers? What happens inside the countries that have chosen different ways of handling this new and controversial matter? And, the most important question of all: How can we live in this era of new techno-medical possibilities and try to stay human? Can we resist commodification in the field of human relations concerning procreation? Contract Children discusses the different ways available to obtain a child through surrogate motherhood. It is fundamental reading for anyone wanting to be involved in the surrogacy process. It gives prospective surrogate mothers and infertile couples the background information necessary for their own informed decision. It is also an essential instrument for policy makers and activists in the field of women's rights, social justice, and children's rights. The question of how to publicly deal with surrogate motherhood touches upon our social vision of motherhood, ultimately marking the position of women in contemporary society.
Download or read book Language and Rules of Italian Private Law written by Giovanni Iudica and published by . This book was released on 2012 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Impact of EU Law on International Commercial Arbitration written by Franco Ferrari and published by . This book was released on 2017 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Stability and Growth Pact written by A. Brunila and published by Springer. This book was released on 2001-09-20 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Stability and Growth Pact (SGP) encompasses the legislative text and political resolutions regulating fiscal policy and public finances in EMU. The contributions in this volume analyse the institutional, legal, theoretical and empirical aspects of the SGP, examine its development and evaluate its main implications. The authors include academic economists, who provide insightful analysis, and policy makers who have contributed to the shaping of the pact and have a direct responsibility for its implementation. This book is the definitive source of reference on the SGP for academics, policy makes and economists.
Download or read book The Italian Civil Code written by Italy and published by . This book was released on 1969 with total page 808 pages. Available in PDF, EPUB and Kindle. Book excerpt:
