Download or read book Contractualisation of Civil Litigationhb written by Cabral NYLUND and published by Ius Comparatum. This book was released on 2023-10-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Procedural agreements constitute a nebulous concept situated at the intersection of civil procedure law and private law, between the public sphere of the formal justice system and the private sphere of contract law. This book employs a broad definition of procedural contracts: what matters is not the legal categorisations but the procedural effects of the contract or agreement. While procedural agreements were earlier rejected with few exceptions, notably choice-of-court and arbitration agreements, a shift towards more permissive views has occurred in recent years. Based on reports covering 20 jurisdictions in the Americas, Asia, and Europe, this book examines procedural contracts, the variation in the extent to which they are given procedural effects, the types of issues that the parties are allowed to agree on, the limits of such agreements, and the manifest and tacit arguments for and against them. The special national reports discuss the legal framework of such contracts, be it statutory law, case law or general principles of law, and how procedural contracts are understood in legal doctrine. Many of them address the issue of whether there is a gap between the general, often restrictive, attitude towards procedural agreements and legal practice that recognises, at least some, procedural contracts beyond jurisdiction and arbitration clauses.Common types of procedural contracts, specifically, jurisdictions agreements, agreements on mediation, interim measures, the form of proceedings, costs, and appeals, are examined. Moreover, this book also discusses agreements relating to evidence, such as the burden and the standard of proof, access to evidence and the appointment of experts. Some of the reports identify additional types of procedural agreements. The special national reports shed light on the limits to procedural agreements, particularly those aiming to protect weaker parties, such as consumers and tenants, and third-party and public interests, and those posed by constitutional principles, notably access to court and fair trial rights. The rapporteurs also assess whether and how attitudes and practices related to procedural agreements are shifting.In addition to a comparative overview, the general report traces the nexus between the underlying civil procedure system, the beliefs it is embedded within, the arguments used to support or oppose such agreements, and the rules and practices regarding procedural agreements. The links between the contractualisation of civil proceedings and the related phenomena of ' consensualisation' , flexibilisation and fragmentation are also explored.ANNA NYLUND (LL.D, University of Helsinki, Finland) is Professor of Law in the Faculty of Law at the University of Bergen, Norway and Co-Chair of the research group for civil procedure and dispute resolution. She is the Chair of the Nordic Association of Procedural Law and a member of, inter alia, the Norwegian Academy of Science and Letters, the International Academy of Comparative Law, the International Association of Procedural Law and the European Association of Private International Law. Her main research areas are European and comparative civil procedure, alternative dispute resolution and children' s rights. ANTONIO CABRAL is Professor of Law at the University of Rio de Janeiro State, Brazil and Co-Director of the Center for German and Comparative Legal Studies. He has a Masters in Law and Doctorate and Masters degrees from the University of Rio de Janeiro State, as well as a Habilitation degree (' Livre docê ncia' ) from the Sã o Paulo State University. He is a Post-Doctoral Researcher at the University of Paris I (Panthé on-Sorbonne), France, Vice-President of the International Association of Procedural Law and Director of the Brazilian Institute of Procedural Law. Antonio Cabral is also a member of the Scientific Association for International Procedural Law (Wissenschaftliche Vereinigung fü r Internationales Verf

Download or read book Contract Law written by Jan M. Smits and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.

Download or read book Reasonableness and Responsibility A Theory of Contract Law written by Martín Hevia and published by Springer Science & Business Media. This book was released on 2012-09-14 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

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 An Essay on the Doctrine of Contracts written by Gulian Crommelin Verplanck and published by . This book was released on 1825 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Global Sales and Contract Law written by Ingeborg Schwenzer and published by Oxford University Press, USA. This book was released on 2012-01-26 with total page 1069 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.

Download or read book Contractualisation of Family Law Global Perspectives written by Frederik Swennen and published by Springer. This book was released on 2015-07-06 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.

Download or read book A Treatise on the Law of the Contract of Pledge as Governed by Both the Common Law and the Civil Law written by Henry Denis and published by . This book was released on 1898 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2016-06-02 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives an introduction to the English law of contract. The third edition has been fully updated to cover recent developments in case law and recent statutes such as the Consumer Rights Act 2015. However, this new edition retains the primary focus of the earlier editions: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer - whether student or practitioner - from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system - how a common lawyer reasons and finds the law - the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.

Download or read book Contract as a Tool for Getting to yes a Civil Law Perspective written by Letizia Coppo and published by . This book was released on 2018 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Drafting and Enforcing Contracts in Civil and Common Law Jurisdictions written by Kojo Yelpaala and published by Springer. This book was released on 1986-11-10 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law in Greece written by Michael Stathopoulos and published by Kluwer Law International B.V.. This book was released on 2022-03-21 with total page 515 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 Greece 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 Greece 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 Structures of Civil and Procedural Law in written by Tu?rul Ansay and published by BWV Verlag. This book was released on 2011-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: HauptbeschreibungThis small book is a product of a seminar organised by the Koc University Law School, Dr. N©ơsret-Semahat Arsel Research Center of International Business Law and the Max Planck Institute for Comparative and International Private Law, Hamburg held in Istanbul on some legal issues of South Eastern European countries. Several scholars from five South Eastern European nations and Germany came together in March 2007 to discuss the basic legal structure on distribution of justice and contract law in their respective legal systems. The aim of the conference was the presentation and co.

Download or read book Principles of Contract Law and Theory written by Larry D. DiMatteo and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

Download or read book Contract Law in Latvia written by Kalvis Torgāns and published by Kluwer Law International B.V.. This book was released on 2020-11-20 with total page 267 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 Latvia and Wales 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 Latvia and Wales 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 A Digest of English Civil Law written by Robert Warden Lee and published by . This book was released on 2009 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Contract Law in International Commercial Arbitration written by Peter Sester and published by Kluwer Law International B.V.. This book was released on 2022-11-22 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ Prof. George A. Bermann Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland