Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Download or read book Aspects of Violence written by W. Schinkel and published by Springer. This book was released on 2010-02-03 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a novel approach to the social scientific study of violence. It argues for an 'extended' definition of violence in order to avoid subscribing to commonsensical or state propagated definitions of violence, and pays specific attention to 'autotelic violence' (violence for the sake of itself), as well as to terrorism.

Download or read book Medical Law in Italy written by Giovanni Comandé and published by Kluwer Law International. This book was released on 2020-05-21 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Italy. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value asa contribution to the study of medical law in the international context.

Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Download or read book The Languages of Political Theory in Early Modern Europe written by Anthony Pagden and published by Cambridge University Press. This book was released on 1987 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essays on the political 'languages' of natural law, classical republicanism, commerce and political science.

Download or read book Ren Girard s Mimetic Theory written by Wolfgang Palaver and published by MSU Press. This book was released on 2013-01-01 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: A systematic introduction into the mimetic theory of the French-American literary theorist and philosophical anthropologist René Girard, this essential text explains its three main pillars (mimetic desire, the scapegoat mechanism, and the Biblical “difference”) with the help of examples from literature and philosophy. This book also offers an overview of René Girard’s life and work, showing how much mimetic theory results from existential and spiritual insights into one’s own mimetic entanglements. Furthermore it examines the broader implications of Girard’s theories, from the mimetic aspect of sovereignty and wars to the relationship between the scapegoat mechanism and the question of capital punishment. Mimetic theory is placed within the context of current cultural and political debates like the relationship between religion and modernity, terrorism, the death penalty, and gender issues. Drawing textual examples from European literature (Cervantes, Shakespeare, Goethe, Kleist, Stendhal, Storm, Flaubert, Dostoevsky, Proust) and philosophy (Plato, Camus, Sartre, Lévi-Strauss, Derrida, Vattimo), Palaver uses mimetic theory to explore the themes they present. A highly accessible book, this text is complemented by bibliographical references to Girard’s widespread work and secondary literature on mimetic theory and its applications, comprising a valuable bibliographical archive that provides the reader with an overview of the development and discussion of mimetic theory until the present day.

Download or read book Constitutionalism written by Dieter Grimm and published by Oxford University Press. This book was released on 2016-09-08 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalism: Past, Present, and Future is the definitive collection of Dieter Grimm's most influential writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism. Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Download or read book Criminal Law in Hungary written by Krisztina Karsai and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Criminal law."

Download or read book Identifying Citizens written by David Lyon and published by John Wiley & Sons. This book was released on 2013-05-03 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: New ID card systems are proliferating around the world. These may use digitized fingerprints or photos, may be contactless, using a scanner, and above all, may rely on computerized registries of personal information. In this timely new contribution, David Lyon argues that such IDs represent a fresh phase in the long-term attempts of modern states to find stable ways of identifying citizens. New ID systems are “new” because they are high-tech. But their newness is also seen crucially in the ways that they contribute to new means of governance. The rise of e-Government and global mobility along with the aftermath of 9/11 and fears of identity theft are propelling the trend towards new ID systems. This is further lubricated by high technology companies seeking lucrative procurements, giving stakes in identification practices to agencies additional to nation-states, particularly technical and commercial ones. While the claims made for new IDs focus on security, efficiency and convenience, each proposal is also controversial. Fears of privacy-loss, limits to liberty, government control, and even of totalitarian tendencies are expressed by critics. This book takes an historical, comparative and sociological look at citizen-identification, and new ID cards in particular. It concludes that their widespread use is both likely and, without some strong safeguards, troublesome, though not necessarily for the reasons most popularly proposed. Arguing that new IDs demand new approaches to identification practices given their potential for undermining trust and contributing to social exclusion, David Lyon provides the clearest overview of this topical area to date.

Download or read book Lessons from the Identity Trail written by Ian Kerr and published by Oxford University Press. This book was released on 2009-03-18 with total page 587 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past decade, rapid developments in information and communications technology have transformed key social, commercial and political realities. Within that same time period, working at something less than internet speed, much of the academic and policy debates arising from these new and emerging technologies have been fragmented. There have been few examples of interdisciplinary dialogue about the potential for anonymity and privacy in a networked society. Lessons from the Identity Trail fills that gap, and examines key questions about anonymity, privacy and identity in an environment that increasingly automates the collection of personal information and uses surveillance to reduce corporate and security risks. This project has been informed by the results of a multi-million dollar research project that has brought together a distinguished array of philosophers, ethicists, feminists, cognitive scientists, lawyers, cryptographers, engineers, policy analysts, government policy makers and privacy experts. Working collaboratively over a four-year period and participating in an iterative process designed to maximize the potential for interdisciplinary discussion and feedback through a series of workshops and peer review, the authors have integrated crucial public policy themes with the most recent research outcomes.

Download or read book Controlled Foreign Company Legislation written by Organisation for Economic Co-operation and Development and published by OECD. This book was released on 1996 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: A descriptive report providing factual information on controlled foreign company legislation as of June 1995 in the 14 OECD member countries that operated such regimes.

Download or read book Italian Populism and Constitutional Law written by Giacomo Delledonne and published by Palgrave Macmillan. This book was released on 2020-02-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the relationship between constitutionalism and populism in the Italian context. Italian populism is of interest to comparative lawyers for many reasons. Firstly, the country has a long-lasting tradition of anti-parliamentarism over the course of its history as a unitary state. After the 2018 general election, it has turned into the first European country in which two self-styled populist parties formed a coalition government. Although it collapsed in August 2019, many issues that it had raised remain. Secondly, as Italy is a founding member of the European Communities, the constitutional implications of populist politics have to be considered not only within the national framework but also in a wider context. This book argues that the relationship between populism and constitutionalism should not be seen in terms of mutual exclusion and perfect opposition. Indeed, populism frequently relies on concepts and categories belonging to the language of constitutionalism (majority, democracy, people), offering a kind of constitutional counter-narrative.

Download or read book Europe and Islam written by Franco Cardini and published by Wiley-Blackwell. This book was released on 2001-07-05 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book Franco Cardini examines the ideas, prejudices, disinformation and anti-information that have formed and coloured Europe's attitude towards Islam over 1500 years.

Download or read book Introduction to European Union internal market law written by Raffaele Torino and published by Roma TrE-Press. This book was released on 2017-12-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).

Download or read book Religion in a Liberal State written by Gavin D'Costa and published by Cambridge University Press. This book was released on 2013-08-29 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading authors in politics, law, sociology and theology discuss what the proper place of religion is in a liberal state.

Download or read book Labour Law and Welfare Systems in an Era of Demographic Technological and Environmental Changes written by Michele Tiraboschi and published by . This book was released on 2019-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses how labour law and welfare systems will be affected by the ongoing transformation of work. The first section considers demography from two different perspectives. On the one hand, it focuses on chronic diseases and their impact on work, emphasising the role and the regulation of welfare systems. On the other, attention is given to youth unemployment and to those forms of employment which might have an impact on young people. Section II touches upon the relationship between the environment and industrial relations, while the third part broaches the topic of the impact of technology in the context of the Fourth Industrial Revolution, also known as Industry 4.0. As such, this volume provides an exhaustive picture of the changes currently underway, considering all the aspects which will affect work now and in the future.

Download or read book The Rule of Law History Theory and Criticism written by Pietro Costa and published by Springer Science & Business Media. This book was released on 2007-05-06 with total page 699 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.