Download or read book Comparative Foundations of a European Law of Set Off and Prescription written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2002-06-27 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.
Download or read book Set off and Prescription in European Law written by Reinhard Zimmermann and published by . This book was released on 2002 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law is becoming an increasingly important legal issue. Professor Zimmermann considers the two complex and neglected topics of set-off and prescription in ten European legal systems, concluding each essay with a model for a common European approach. This will interest all comparative lawyers and legal historians.
Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.
Download or read book The Principles of European Contract Law Parts I III Student Edition written by Ole Lando and published by Kluwer Law International. This book was released on 2019-03-28 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Principles of European Contract Law provides the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested."
Download or read book Principles Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Download or read book Perspectives for the Unification and Harmonisation of Family Law in Europe written by Katharina Boele-Woelki and published by Intersentia nv. This book was released on 2003 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Download or read book Promoting Foreign Judgments written by Pontian N. Okoli and published by Kluwer Law International B.V.. This book was released on 2019-10-07 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many African countries, litigants experience significant uncertainty in their attempts to enforce foreign judgments. Drawing on the experiences of the United Kingdom and the United States (vis-à-vis efforts to attain an effective global legal framework on foreign judgments), this book undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. This comparative analysis is made considering both African countries as paradigms of their respective legal traditions. The author, a legal consultant and academic in private international law analyses, stage by stage, the challenging process that litigants face when they seek to enforce foreign judgments in South Africa and Nigeria. This analysis includes insightful consideration of broader issues such as the following: how challenges faced by judgment creditors may be circumvented; practical issues impeding the free movement of foreign judgments; impact of globalisation, increase in international commercial transactions, and regionalism on private international law; application of ‘fairness’; how territorial sovereignty and State interests in international commerce impede the free movement of foreign judgments; and ‘qualified obligation’, under which courts would presumptively enforce foreign judgments subject to certain exceptions and to the balancing of competing interests between private litigants and the State. The comparative analysis is undergirded by relevant case law – spanning decades in Africa and centuries in Europe and the United States. In summary, the author projects a clear case for predictability and certainty in the recognition and enforcement of foreign judgments, as well as how to go about it, thus offering lawyers a strategic position to weigh their options in contemplating enforcement of foreign judgments in any jurisdiction even beyond the African region. This innovative approach will also be of particular value to policymakers at national levels, international and regional economic organisations, as well as scholars in private international law and international commercial law generally. This is regardless of their specific legal area or niche, especially considering the dearth of literature in African private international law.
Download or read book Tulane Law Review written by and published by Tulane Law Review Associati. This book was released on 1993 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principles of European Contract Law Part III and Dutch Law written by Harriët N. Schelhaas and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
Download or read book Private International Law in Israel written by Talia Einhorn and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 616 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 the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Download or read book The German Law of Contract written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2006-02-27 with total page 1034 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recently the contract section of the German Civil Code was amended after one hundred years of un-altered existence. The German Law of Contract, radically recast, enlarged, and re-written since its first edition, now details and explains for the first time these changes for the benefit of Anglophone lawyers. One hundred and twenty translated contract decisions also make this work a unique source-book for students, academics, and practitioners. Along with its companion volume, The German Law of Torts, the two volumes provide one of the fullest accounts of the German Law of Obligations available in the English language. Through its method of presentation of German law, the book represents an original contribution to the art of comparison. An additional feature of the Contract volume is the way in which it reveals the growing impact which European Directives are having upon the traditional, liberal, contract model, thereby bringing German and English law closer to each other, especially in the area of consumer protection.
Download or read book The New Law written by Stefan Lorenzmeier and published by Nomos Verlag. This book was released on 2018-11-27 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Das neue Recht hilft bei der Lösung von Problemen, mit denen sich internationale Organisationen, Staaten, Bevölkerungen und Durchschnittsbürger jeden Tag auseinandersetzen müssen. Die Autoren lösen dabei wichtige internationale, lokale oder nationale Probleme auf innovative und neuartige Weise, indem sie rechtliche Konzepte entwickeln, die auf staatlicher, regionaler und kontinentaler Ebene anwendbar sind. Zusätzlich zu Lösungen für spezifische Probleme beinhalten einige Beiträge eine theoretische Diskussion von Reformen und Verbesserungen allgemeiner Natur. Die von den Autoren dargestellt Vorschläge kombinieren das Wissen und die Erfahrung von Juristen und Praktikern mit der Kreativität von Nachwuchswissenschaftlern, um über die traditionellen Rechtsmodelle hinaus zu denken und bedeutende innovative Ideen einzuführen, die das bestehende Rechtssystem voranbringen.
Download or read book MacQueen and Thomson Contract Law in Scotland written by Hector L MacQueen and published by Bloomsbury Publishing. This book was released on 2020-08-13 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a comprehensive introduction to the principles of the Scots law of contract and provides the reader with a clear analysis of this difficult area of the law. This practical text: - Illustrates the different types of contractual situations and examines the formation, performance and enforcement of contracts; - Includes examples of typical contract clauses and treats remedies in detail; - Is set in a comparative context and discusses the problems of cross-border and international contracts; - Explains the underlying principles of contract law; - Is written in a clear, well structured style and uses diagrams to illustrate complex situations. The fifth edition covers key Supreme Court cases including Cavendish Square Holding BV v Tala El Makdessi and ParkingEye Limited v Beavis regarding penalty clauses. It also includes a new chapter on capacity to make a contract ie 'Who can make a Contract?'
Download or read book Elgar Encyclopedia of Comparative Law Second Edition written by J. M. Smits and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 1025 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Download or read book Information Rights and Obligations written by André Janssen and published by Routledge. This book was released on 2017-03-02 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information requirements have become a key element of consumer policy at the European level and are also gaining increasing importance in all other areas of private law. The law stipulates that information provided should not be misleading and also involves requirements regarding the fairness and objectivity of what has been provided. In addition to controlling the veracity of what is voluntarily offered by traders, the law increasingly requires disclosure of certain information. This volume focuses especially on the question of how these information requirements influence the party autonomy. International contributors explore in various contexts whether the legislative policy regarding the information requirements and their relationship to party autonomy has been properly thought through.
Download or read book Recognition and Enforcement of Foreign Arbitral Awards written by George A. Bermann and published by Springer. This book was released on 2017-07-17 with total page 1096 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, commonly known as The New York Convention, has been understood and applied in [insert number] jurisdictions, including virtually all that are leading international arbitration centers. It begins with a general report surveying and synthesizing national responses to a large number of critical issues in the Convention’s interpretation and application. It is followed by national reports, all of which are organized in accordance with a common questionnaire raising these critical issues. Following introductory remarks, each report addresses the following aspects of the Convention which include its basic implementation within the national legal system; enforcement by local courts of agreements to arbitrate (including grounds for withholding enforcement), recognition and enforcement of foreign awards by local courts under the Convention (including grounds for denying recognition and enforcement), and essential procedural issues in the courts’ conduct of recognition and enforcement. Each report concludes with an overall assessment of the Convention’s interpretation and application on national territory and recommendations, if any, for reform. The New York Convention was intended to enhance the workings of the international arbitral system, primarily by ensuring that arbitral awards are readily recognizable and enforceable in States other than the State in which they are rendered, subject of course to certain safeguards reflected by the Convention’s limited grounds for denying recognition or enforcement. It secondarily binds signatory states to enforce the arbitration agreements on the basis of which awards under the Convention will be rendered. Despite its exceptionally wide adoption and its broad coverage, the New York Convention depends for its efficacy on the conduct of national actors, and national courts in particular. Depending on the view of international law prevailing in a given State, the Convention may require statutory implementation at the national level. Beyond that, the Convention requires of national courts an apt understanding of the principles and policies that underlie the Convention’s various provisions. Through its in-depth coverage of the understandings of the Convention that prevail across national legal systems, the book gives practitioners and scholars a much-improved appreciation of the New York Convention “on the ground.”
Download or read book Pharmacy Law and Practice written by Jon Merrills and published by Academic Press. This book was released on 2013-04-19 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: Pharmacy Law and Practice, Fifth Edition provides a straightforward and useable guide for students, practitioners, academics and others interested in pharmacy law and practice in the United Kingdom. This multi-dimensional book includes discussions of socio-political influences on legal developments to provide greater insight to the reader. It clearly sets out the background to regulatory issues together with simple and practical statements of what a pharmacist has to do to obey the law. As in previous editions, this book discusses topics thematically rather than by statute. It is a unique and reader-friendly guide that boils down the complex or difficult language of the law, describes the reasons behind it, and illustrates the application to pharmacy practice. Thoroughly updated to reflect regulatory and legal developments in areas including employment law, online transactions and internet pharmacies, non-medical prescribing and more Takes an intuitive, problem-solving approach and discusses topics thematically rather than by statute to show how all of the larger pieces fit together The electronic version of this book contains valuable links to provide readers with the most current information in a rapidly changing subject area
