Download or read book Jus et Societas written by G.M. Wilner and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Wolfgang Friedmann died there was a great outpouring of grief, affection and admiration from his friends all over the world. These deeply felt sentiments were soon channelled into a number of projects to honor him. The initiative towards the preparation of this volume in tribute to Wolfgang Friedmann was taken by his colleague, Hans Smit, of Columbia University, who also arranged for its publication. Judge Philip C. Jessup was the chairman, and Professors John N. Hazard, Louis Henkin, Oliver Lissitzyn, Willis L. M. Reese and Hans Smit of Columbia University Law School, A. A. Fatouros of Indiana University Law School (Bloomington), and Gabriel M. Wilner of the University of Georgia Law School were members of the editorial committee. The authors of the essays are a group of distinguished legal scholars from many countries and who hold widely diverse views. All of them had many ties with Professor Friedmann, including those of friendship and shared interest in problems that were of the greatest concern to him. The number of eminent jurists from countries around the world, and particularly from the United States, who would have wished to participate in this tribute to Wolfgang Friedmann is large; however, several important considerations made it necessary to limit the number of contributions. Thus, for example, the work of several members of the editorial committee is not represented in the volume.
Download or read book Law in a Changing Society written by W. Friedmann and published by Univ of California Press. This book was released on 2023-11-10 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law of Contract 1670 1870 written by Warren Swain and published by Cambridge University Press. This book was released on 2015-02-12 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the development of contract law doctrine in England from 1670 to 1870.
Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."
Download or read book The Law of Restitution written by Andrew S. Burrows and published by Oxford University Press. This book was released on 2011 with total page 789 pages. Available in PDF, EPUB and Kindle. Book excerpt: This highly-praised textbook provides detailed and incisive coverage of all aspects of restitution. The author's expert analysis and clarity of style will be invaluable to both students and practitioners with an interest in this area of law.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Download or read book Trait de droit civil written by Mireille Bacache-Gibeili and published by . This book was released on 2021-10-16 with total page 1168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Global Perspectives on Subsidiarity written by Michelle Evans and published by Springer. This book was released on 2014-05-16 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Perspectives on Subsidiarity is the first book of its kind exclusively devoted to the principle of subsidiarity. It sheds new light on the principle and explores and develops the many applications of the principle of subsidiarity. The book provides a comprehensive overview of the principle in all its facets, from its philosophical origins in the writings of Aristotle and Aquinas, to its development in Catholic social doctrine, and its emergence as a key principle in European Union Law. This book explores the relationship between subsidiarity and concepts such as sphere sovereignty and social pluralism. It analyses subsidiarity in light of globalisation, federalism, democracy, individual rights and welfare, and discusses subsidiarity and the Australian, Brazilian and German Constitutions.
Download or read book Unjustified Enrichment written by David Johnston and published by . This book was released on 2005-01-28 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Download or read book The Impact of Equity and Restitution in Commerce written by Peter Devonshire and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, five further chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.
Download or read book Unjustified Enrichment in South African Law written by J. C. Sonnekus and published by . This book was released on 2008 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La cessation de l illicite written by Cyril Bloch and published by . This book was released on 2006 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: La responsabilité civile n’est généralement appréhendée qu’à travers sa double fonction réparatrice et punitive. La présente étude entreprend de faire la lumière sur la fonction de cessation de l’illicite qu’elle remplit, par ailleurs, sous le couvert de la réparation. La première partie de l’ouvrage tend à restituer son unité fonctionnelle à la cessation de l’illicite : elle soutient, d’une part, que la cessation de l'illicite mériterait d’être distinguée de la réparation et, d’autre part, que cette fonction singulière n’a pas moins sa place en droit commun de la responsabilité civile. La seconde partie de la thèse met en exergue l’autonomie du régime de la cessation de l'illicite. Celle-ci se démarque, en premier lieu, de la réparation par ses conditions de mise en œuvre plus objectives : essentielles au stade de la réparation, les conditions de faute et de préjudice sont indifférentes lorsque la victime se contente de réclamer la cessation d’un trouble illicite. L’autonomie fonctionnelle de la cessation de l'illicite invite, en second lieu, à officialiser le caractère obligatoire de la cessation de l'illicite en retirant au juge le pouvoir d’y substituer des dommages et intérêts. Bien que circonscrite au droit civil, l’étude couvre un vaste domaine qui va du droit privé de la concurrence aux droits de la personnalité, en passant par le droit des biens tant corporels qu’incorporels, le droit social, le droit de la consommation ou encore celui des médias et de la communication électronique. Elle se nourrit également des sources communautaires et fait une place substantielle au droit comparé, tout spécialement aux droits d’inspiration romano-germanique.
Download or read book Private Law in the 21st Century written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together a wide range of contributors from across the common law world to identify and debate the principal moral and systemic challenges facing private law in the remaining part of the twenty-first century. The various contributions identify serious problems relating to complexity and overload, threats to research and education, the law's unintelligibility, the unsatisfactory nature of the law reform process and a general lack of public engagement. They consider the respective future roles of statutes, codes, and judge-made law (in the form of both common law and equitable rules). They consider how best to organise the private law system internally, and how to co-ordinate it externally with other public and economic systems (human rights, regulation, insurance markets and social security frameworks). They address the challenges for private law presented by new forms of technology, and by modern demands for the protection of new and intangible forms of moral interest, such as interests in privacy, 'vindication' and 'personal choice'. They also engage with the critical contemporary debates about access to, and the privatisation of, civil justice. The work is designed as a source of inspiration and reference for private lawyers, as well as legislators, policy-makers and students.
Download or read book Individual Rights in EU Law written by Bjarte Thorson and published by Springer. This book was released on 2016-06-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the EU law notion of ‘individual rights’. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts’ ‘rights language’ in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.
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 The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by . This book was released on 2013-09 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
Download or read book Questioning Sovereignty written by Neil MacCormick and published by Law, State, and Practical Reas. This book was released on 1999 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.