Download or read book Patel v Mirza und die Illegality Doktrin im Vergleich zum deutschen Recht Patel v Mirza and the Doctrine of Illegality written by Jakob Gleim and published by . This book was released on 2019 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: English Abstract: The question of how civil law should respond to violations of legal prohibitions has and continues to torment judges and scholars on both sides of the English Channel. With the case of Patel v. Mirza, the Supreme Court of the United Kingdom has fundamentally revised the English law of illegality and in the process, as often occurs in such a revamping, has left hardly any of the original structure intact.This case note first describes the historical development of the illegality doctrine in English law before then presenting the ruling of the Supreme Court. Subsequently, German law is outlined and the resolution of the Supreme Court is comparatively assessed.
Download or read book Illegality after Patel v Mirza written by Sarah Green and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.
Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2017-06-30 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.
Download or read book Tort Law in the European Union written by Gert Brüggemeier and published by Kluwer Law International B.V.. This book was released on 2018-06-14 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in the European Union. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in the European Union. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Download or read book The Choice of Law Contract written by Maria Hook and published by Bloomsbury Publishing. This book was released on 2016-09-22 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral - Victoria University of Wellington, 2014).
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book Militant Democracy Political Science Law and Philosophy written by Afshin Ellian and published by Springer. This book was released on 2018-11-15 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers an up-to-date overview of the much-debated issue of how a democracy may defend itself against those who want to subvert it. The justifications, effectiveness and legal implications of militant democracy are discussed by addressing questions as: How can militant democracy measures such as party bans be justified? Why is it that some democracies ban antidemocratic parties? Does militant democracy succeed in combatting right-wing extremism? And is militant democracy evolving into an internationalized legal and political concept? Bringing together experts and perspectives from political science, law and philosophy, this volume advances our understanding of the current threats to democracy, a political system once thought almost invincible. It is especially timely in the light of the rise of illiberal democracy in the EU, the increasingly authoritarian rule in Turkey, the steady shift to autocracy in Russia and the remarkable election of Trump in the US.
Download or read book The Illusion of Accountability in the European Union written by Sverker Gustavsson and published by Routledge. This book was released on 2009-09-11 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines accountability in the EU from different perspectives and considers whether EU citizens have real opportunities for holding decision-makers accountable. This book critically analyses five arguments which claim there are sufficient means for holding decision-makers to account in the Union. The main conclusion is that the current institutional set-up and practice of decision-making in the EU is one that merely creates an illusion of accountability. Using a strict framework focusing on the difference between formal mechanisms and actual opportunities for accountability, this highly coherent volume will be of interest to students and scholars of European politics, especially those interested in the democratic foundations of the European political system. Chapter 1 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9780415480994_oachapter1.pdf
Download or read book The Politics and Economics of Brexit written by Simon Bulmer and published by Journal of European Public Policy Series. This book was released on 2018-10-17 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The British referendum on continuing membership of the European Union (EU) in June 2016 represented a turning point in the relationship between the United Kingdom (UK) and the EU. This book investigates the implications of Brexit for the EU and the UK, placing this assessment in the context of the long-term evolution of UK-EU relations. The authors relate these findings to debates within the literature on EU policy-making, comparative politics, and political economy. The first part of this comprehensive volume explores the implications of Brexit for key policy areas, namely the single market, finance, and migration. The policies selected are those in which the consequences of Brexit are likely to be most significant because they are linked to the 'four freedoms' in the Single Market. The second part of the book explores important 'horizontal' or thematic issues, namely lessons from Brexit for theories of integration, the balance of power in the EU amongst the main member states post-Brexit, the evolution of the domestic political contestation in the EU, and the impact of Brexit on domestic politics in the UK. This book was originally published as a special issue of the Journal of European Public Policy.
Download or read book EU Civil Society written by Sara Kalm and published by Springer. This book was released on 2016-04-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a novel and relational sociological approach to the study of EU civil society. It focuses on the interactions and interrelations between civil society actors and the forms of capital that structure the fields and sub-fields of EU civil society, through new and important empirical studies on organized EU civil society.
Download or read book Welfare State Legitimacy in Times of Crisis and Austerity written by Tijs Laenen and published by Edward Elgar Publishing. This book was released on 2020-08-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Has there been change or continuity in the welfare attitudes of Europeans since the 2008 financial crisis? Using data from the European Social Survey, this book reveals how various types of welfare attitudes evolved between 2008, when the crisis triggered economic recessions and welfare reforms across Europe, and 2016, when most countries had largely recovered from that crisis.
Download or read book The Politics of the European Union written by Herman Lelieveldt and published by Cambridge University Press. This book was released on 2023-04-30 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the European Union from a comparative politics perspective, systematically analysing its functioning through comparison with national political systems.
Download or read book European Council written by Simon Bulmer and published by Springer. This book was released on 2015-12-22 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a wide range of material the authors aim to provide a thorough assessment of the European Council's work from 1975 to 1985. They explain its fluctuating performance, its impact on other European Community institutions and analyze it in the context of international and domestic issues.
Download or read book Italian Politics written by Martin J. Bull and published by Polity. This book was released on 2005 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging book seeks to unravel the complexities of post-1992 Italian democracy. It takes as its point of departure the dramatic political tensions of the early 1990s and evaluates these against the background of an analysis of the ‘First Republic’ that predates these changes. Martin Bull and James Newell, renowned scholars of Italian Politics, argue that the early 1990s revolution in Italian party politics should be seen both as a major cause of subsequent changes in the political system and as a consequence of longer-term, still on-going changes in the Italian polity. The books explains how we can understand in this light the mixed success of the parties in attempting to act as autonomous vehicles of reform – and therefore why, if we are witnessing a transformation to a ‘Second Republic’, many of its key features still remain to be shaped. Each of the thematic chapters clearly juxtaposes Italy as it was before the 1990s with Italy today, thereby evaluating the degree to which the early 1990s can be seen as a watershed. In this way the book offers a novel account of both contemporary political developments and their historical significance in teh context of the ‘Italian political model’ that took shape in the period after 1945. This will be essential reading for all students of Italian and Comparative Politics, who will find the clarity and breadth of the book invaluable. Equally, scholars will be fascinated by this new and compelling argument.
Download or read book The European Public Prosecutor s Office written by Lorena Bachmaier Winter and published by Springer. This book was released on 2018-11-02 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the European Public Prosecutor’s Office (EPPO), the creation of which was approved in the Regulation adopted by the Justice and Home Affairs (JHA) Council on 12 October 2017. The EPPO will be an independent European prosecution office tasked with investigating and prosecuting those crimes defined in the recently adopted Regulation 2017/1371 on combating fraud against the Union’s financial interests by means of criminal law. As such, it will be a new actor on the EU landscape, governed by the principle of loyal cooperation with the national prosecuting authorities. This work clarifies some of the challenges that member states will have to face when dealing with a supranational prosecution authority. In addition, it provides guidelines on how to implement the present Regulation while respecting the fundamental rights of defendants in criminal proceedings. The book is of special interest in so far as the analysis and perspective of academics is completed with the contributions of legal experts who have either been involved in the negotiations to establish the European public prosecutor or will be closely linked, as public prosecutors, to the functioning of the future European public prosecutor’s office.
Download or read book The Public private Law Divide written by Matthias Ruffert and published by BIICL. This book was released on 2009 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This publication is a collection of papers of the second meeting of the Dornburg Research Group on New Administrative Law which was held in London in May 2007"--Acknowledgments.
