Download or read book Trattato di diritto civile Le Obbligazioni Vol I Il rapporto obbligatorio written by Francesco Gambino and published by UTET Giuridica. This book was released on 2015-03-18 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il volume offre una trattazione analitica e aggiornata degli istituti fondamentali del diritto delle obbligazioni. Molteplici i temi di indagine, oggi attirati, con il peso della tradizione, nell’ambito del diritto della contemporaneità: le fonti delle obbligazioni, i soggetti del rapporto, i vincoli non giuridici e l’obbligazione naturale, la prestazione e l’interesse del creditore, l’attuazione del rapporto obbligatorio, la cooperazione del creditore, l’adempimento in generale, l’inadempimento e i danni, le vicende soggettive (cessione del credito, pagamento con surrogazione, delegazione, espromissione, accollo), le obbligazioni pecuniarie, le obbligazioni solidali, parziarie, divisibili e indivisibili. Conteso tra le categorie del passato e le nuove discipline normative, caotiche e frammentarie, il diritto delle obbligazioni è destinato ad aprirsi ad altri ambiti di studio. Dal diritto dell’Unione Europea (fonti delle obbligazioni e atti normativi della UE) al diritto societario (solidarietà e regresso nella responsabilità per direzione e coordinamento di società); dal diritto fallimentare (pluralità di proposte di concordato e adempimento del terzo) al diritto bancario e finanziario (opa, prospetto informativo e i soggetti del rapporto di obbligazione, portabilità del mutuo e surrogazione, usura sopravvenuta, usi bancari e anatocismo) e al diritto processuale civile (litisconsorzio e nozione di solidarietà dipendente). L’indagine si allarga alle più recenti applicazioni in sede giudiziale degli istituti trattati. PIANO DELL'OPERA CAPITOLO PRIMO: L’OBBLIGAZIONE FRA TRADIZIONE E NUOVI STATUTI GIURIDICI Sezione I – L’obbligazione nella tradizione giuridica Sezione II – L’obbligazione nel conflitto tra principi generali CAPITOLO SECONDO: FONTI DELL’OBBLIGAZIONE E CRITERI DEL GIUDIZIO GIURIDICO Sezione I – La correlazione tra la fonte e l’effetto Sezione II – Le fonti e l’ordinamento giuridico Sezione III – La dissociazione dell’effetto dalla fonte CAPITOLO TERZO: I SOGGETTI DEL RAPPORTO CAPITOLO QUARTO: I VINCOLI NON GIURIDICI E L’OBBLIGAZIONE NATURALE CAPITOLO QUINTO: LA PRESTAZIONE E L’INTERESSE DEL CREDITORE CAPITOLO SESTO: L’ATTUAZIONE DEL RAPPORTO OBBLIGATORIO Sezione I – La fonte e la responsabilità Sezione II – Il declino della fonte Sezione III – Il dovere di coerenza tra fonte e comportamento CAPITOLO SETTIMO: LA COOPERAZIONE DEL CREDITORE ALL’ADEMPIMENTO CAPITOLO OTTAVO: L’ADEMPIMENTO IN GENERALE Sezione I – Atti di adempimento e atti di iniziativa Sezione II – Tempo e luogo dell’adempimento Sezione III – Profili oggettivi e soggettivi di disciplina Sezione IV – L’adempimento del terzo Sezione V – Il pagamento e la prova Sezione VI – L’imputazione del pagamento CAPITOLO NONO: L’INADEMPIMENTO E I DANNI Sezione I – La mora del debitore Sezione II – La responsabilità per il fatto degli ausiliari Sezione III – Le clausole di esonero da responsabilità Sezione IV – Il risarcimento del danno CAPITOLO DECIMO: LE VICENDE SOGGETTIVE Sezione I – Vicende modificative Sezione II – La cessione del credito Sezione III – Pagamento con surrogazione Sezione IV – La delegazione, l’espromissione, l’accollo Sezione V – La delegazione Sezione VI – L’espromissione Sezione VII – L’accollo CAPITOLO UNDICESIMO: LE OBBLIGAZIONI PECUNIARIE Sezione I – Principi e problemi Sezione II – Gli interessi CAPITOLO DODICESIMO: LE OBBLIGAZIONI SOLIDALI, PARZIARIE, DIVISIBILI E INDIVISIBILI Indice analitico

Download or read book Contract Law in Italy written by Pier Giuseppe Monateri and published by Kluwer Law International B.V.. This book was released on 2021-01-22 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Italy covers every aspect of the subject - definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book The New European Private Law Vol 3 Essays on the Future of Private Law in Europe written by Martijn Hesselink and published by Kluwer Law International B.V.. This book was released on 2002-10-16 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Download or read book Private Law in European Context Series written by and published by . This book was released on 2002 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The National Union Catalog Pre 1956 Imprints written by Library of Congress and published by . This book was released on 1969 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Recovery of Non Pecuniary Loss in European Contract Law written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2015-07-02 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

Download or read book Liability arising from transport of dangerous goods by road written by Claudio D'Alonzo and published by FrancoAngeli. This book was released on 2021-04-09T00:00:00+02:00 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: 380.404

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 Foreign State Immunity written by Australia. Law Reform Commission and published by . This book was released on 1984 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Obligations in Roman Law written by Thomas McGinn and published by University of Michigan Press. This book was released on 2013-01-23 with total page 615 pages. Available in PDF, EPUB and Kindle. Book excerpt: Long a major element of classical studies, the examination of the laws of the ancient Romans has gained momentum in recent years as interdisciplinary work in legal studies has spread. Two resulting issues have arisen, on one hand concerning Roman laws as intellectual achievements and historical artifacts, and on the other about how we should consequently conceptualize Roman law. Drawn from a conference convened by the volume's editor at the American Academy in Rome addressing these concerns and others, this volume investigates in detail the Roman law of obligations—a subset of private law—together with its subordinate fields, contracts and delicts (torts). A centuries-old and highly influential discipline, Roman law has traditionally been studied in the context of law schools, rather than humanities faculties. This book opens a window on that world. Roman law, despite intense interest in the United States and elsewhere in the English-speaking world, remains largely a continental European enterprise in terms of scholarly publications and access to such publications. This volume offers a collection of specialist essays by leading scholars Nikolaus Benke, Cosimo Cascione, Maria Floriana Cursi, Paul du Plessis, Roberto Fiori, Dennis Kehoe, Carla Masi Doria, Ernest Metzger, Federico Procchi, J. Michael Rainer, Salvo Randazzo, and Bernard Stolte, many of whom have not published before in English, as well as opening and concluding chapters by editor Thomas A. J. McGinn.

Download or read book Between History and Histories written by Gerald M. Sider and published by University of Toronto Press. This book was released on 1997-01-01 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of case studies from around the world uses a new approach in historical anthropology, one that focuses on heterogeneity within cultures rather than coherence to explain how we commemorate certain events, while silencing others.

Download or read book Le obbligazioni written by Paolo Franceschetti and published by Maggioli Editore. This book was released on 2008 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Italian Private Law written by and published by Routledge. This book was released on with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Historical Foundations of the Common Law written by S. F. C. Milsom and published by Butterworth-Heinemann. This book was released on 2014-05-19 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historical Foundations of the Common Law provides a general overview of the development of the common law. The book is comprised of 14 chapters that are organized into four parts. The first part deals with the institutional background and covers the centralization of justice; the institutions of the common law; and the rise of equity. The second part deals with land properties, while the third part talks about legal obligations. The last part details criminal administration and law. The text will be of great use to individuals who have an interest in the development of the common law.

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.