Download or read book Party Autonomy in Contractual and Non contractual Obligations written by Maya Mandery and published by Studien zum vergleichenden und internationalen Recht / Comparative and International Law Studies. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the principle party autonomy as provided for in the European Rome I Regulation and the Rome II Regulation. It critically reflects on the position of the freedom to choose the law in contract and tort in the common law jurisdictions of Australia, New Zealand, Canada and Singapore. It calls to reform the common law approach.
Download or read book Party Autonomy in Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2018-08-16 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.
Download or read book Legitimisation of the Principle of Party Autonomy from an ASEAN Perspective written by Akawat Laowonsiri and published by . This book was released on 2016 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ASEAN Community has g ...
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 The Rome II Regulation on the Law Applicable to Non Contractual Obligations written by William Binchy and published by BRILL. This book was released on 2009-04-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.
Download or read book Framing Contract Law written by Victor Goldberg and published by Harvard University Press. This book was released on 2006 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).
Download or read book EU Law and Private International Law written by Jan-Jaap Kuipers and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Download or read book Modern European and Chinese Contract Law written by Junwei Fu and published by Kluwer Law International B.V.. This book was released on 2011-04-20 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comparative study of European and Chinese contract law opens a clear and practical way to identify and understand the differences between the two legal regimes. The author offers a detailed doctrinal comparison of the two systems of contract, focusing on the following fundamental elements: • the importance of socio-economic valuation in Chinese contract law; • the role of judicial interpretation; • pre-contractual liability – penalties for bad faith, disclosure versus concealment; • validity – mistake, fraud, threats, unfair bargaining power; • adaptation and termination – effect of registration and approval rules; • mandatory rules – good faith and fair dealing, the public interest; and • direct application of constitutional law to contracts. The book’s special power lies in its extraordinarily thorough comparison of doctrines underlying specific provisions of such instruments as the Contract Law of the People’s Republic of China (CLC), the General Principles of the Civil Law of the People’s Republic of China (GPCL), the Principles of European Contract Law (PECL), and the Draft Common Frame of Reference (DCFR), as well as analysis of judicial cases.
Download or read book The Rome II Regulation written by Andrew Dickinson and published by OUP UK. This book was released on 2010 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: This updating supplement brings the Main Work up to date and incorporates substantive developments since publication of the book. It is an essential purchase for all who already own the Main Work, and maintains its currency.
Download or read book Mandatory Rules and Other Party Autonomy Limitations in International Contractual Obligations written by Seyed Nasrollah Ebrahimi and published by Athena PressPub Company. This book was released on 2004-10 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern views of freedom of contract recognise that the principle of party autonomy has a number of restrictions, such as the doctrines of public policy [ordre public], of good faith [bona fides], evasion of law [fraude a la loi], and mandatory rules [with various interchangeable expressions such as lois de police, lois d'application immediate, lois d'application imperative, loi d'application necessaire, lois d'application directe]. The concept of mandatory rules is regarded as one of the key concepts in post-war private international law, existing in various legal systems, and also in some regional and international conventions, thus influencing the functioning of conflict of laws rules. It has become in recent years one of the most debated topics, particularly in continental private international law, with no agreed criteria which identify with any precision the rules which qualify for such categorisation. Dr Ebrahimi's new work is a comprehensive study of the concept, function and application of mandatory rules in international contracts and their relationship to other institutions restricting the party autonomy and a free choice of law, in the light particularly of the Rome Convention on the Law Applicable on Contractual Obligations, 1980. Dr Ebrahimi, the associate professor of international law, in Tehran Azad University and also director of Legal & Contractual affairs of PEDEC/NIOC, is aiming at the citizens of a shrinking world, where trans-national contracts are born in the blink of an eye. But in the eyes of whose law are they enforceable? Which set of mandatory rules must be totally excluded? Does the 'unruly horse' of public policy have a role to play? Is the very concept of 'mandatory rules' a moribund one? And what are the faults of article 7(1)- the 'difficult donkey' of the 1980 Rome Convention? The achievement of this detailed and scholarly work is to explain the conflicting/overlapping terminologies clearly, and use statutes, case law and academic sources to clarify points of difficulty arising from the articles of the Convention, without, of course, losing sight of its stated function, namely to unify the business world rather than fragment it. This scholarly work and valuable guide is a welcome addition to textbooks in the fields of private international law, conflict of laws, international commercial and trade law, consumer and employment protection laws; and a commentary to fully understand the regional and international conventions on private international law, particularly the Hague Conventions on the Law Applicable to contracts for International Sale of Goods 1955 and 1986, the Mexico City Convention, 1994, and the Rome Convention on the Law Applicable to Contractual Obligations, 1980, and also a useful pointer to shape international contracts to come.
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 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a contractual framework for the regulation of party autonomy in choice of law. The party autonomy rule is the cornerstone of any modern system of choice of law; embodying as it does the freedom enjoyed by parties to a cross-border legal relationship to agree on the law applicable to it. However, as this study shows, the rule has a major shortcoming because it fails to give due regard to the contractual function of the choice of law agreement. The study examines the existing law on choice of law agreements, by reference to the law of both common and civil law jurisdictions and international instruments. Moreover, it suggests a new coherent approach to party autonomy that integrates both the law of contract and choice of law. This important new study should be read with interest by private international law scholars.
Download or read book Contractual and Non contractual Obligations in English Law written by Jac Rinkes and published by . This book was released on 1992 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Download or read book Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and published by BRILL. This book was released on 2019-12-16 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
Download or read book Choice of Law in International Commercial Contracts written by Oxford Editor and published by . This book was released on 2021-03 with total page 1392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global study provides a definitive reference guide to the key choice of law principles on international contracts, including 60 national and regional reports written by experts from all parts of the world, and a dedicated commentary on the Hague Principles as applied to international commercial arbitration.
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 Conflict of Laws and the Internet written by Pedro De Miguel Asensio and published by Edward Elgar Publishing. This book was released on 2024-05-02 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
