Download or read book Precontractual Liability Reports to the XIIIth International Congress of Comparative Law Montreal Canada 18 24 August 1990 written by E. H. Hondius and published by Springer. This book was released on 1991-07 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a general report and national reports on the subject of `Precontractual Liability'. The national contributions on the subject of precontractual liability have been organized in accordance with a structured questionnaire by the Editor. They cover an introduction and a variety of subjects, such as tort, violation of duty, utmost good faith, termination of negotiation, estoppel, preliminary agreements, etc. Apart from a general report, this book contains national contributions from the following countries: Australia, Austria, Belgium, Canada, Czechoslovakia, Denmark, France, Germany, Great Britain, Israel, Italy, Japan, The Netherlands, New Zealand, Puerto Rico, Sweden, Switzerland, Turkey, United States and Yugoslavia.
Download or read book Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2010-11-09 with total page 1869 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Download or read book Contract Law in Changing Times written by Normann Witzleb and published by Taylor & Francis. This book was released on 2022-12-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays provides a rich and contemporary discussion of the principle of pacta sunt servanda. This principle, which requires that valid agreements are to be honoured, is a cornerstone of contract law. Focusing on contributions from Asia, this book shows that, despite its natural and universal appeal, the pacta sunt servanda principle is neither absolute nor immutable. Exceptions to the binding force of contract must be available in limited circumstances to avoid hardship and unfairness. This book offers readers new comparative perspectives on the appropriate balance between contractual certainty and flexibility in an era of social instability. Expert authors, mostly from East and Southeast Asia, explore when their domestic legal systems allow exceptions from the binding force of contracts. Doctrines discussed include impossibility, frustration, change of circumstance, force majeure, illegality as well as rights of withdrawal. Other chapters consider the importance of the pacta principle in international law. The challenges posed by the COVID-19 pandemic feature strongly in the majority of contributions.
Download or read book The Principles of European Contract Law and Dutch Law A Commentary written by Ewoud H. Hondius and published by Kluwer Law International B.V.. This book was released on 2002-08-27 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.
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 Translating Business Negotiations into Law written by Linda Frazer and published by FriesenPress. This book was released on 2024-07-09 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In performing business negotiations, many of us find ourselves on shifting ground. Is it really tenable to call your lawyers every time you make a purchase or forge a new contract? And when something goes wrong, what resources do you have to fall back on? In this breakthrough piece of business nonfiction, author Linda Frazer proposes a revolutionary new way of how private transnational business contracts might be negotiated. Current business law follows an outdated seventeenth-century model that simply does not work for the fast-paced, dynamic contemporary world of international business. But what if we were to implement a system with checks and balances as adaptable and quick-moving as the business negotiations they apply to? Frazer takes her time building her case for this, laying out the common pitfalls faced in making modern-day contracts, both formal and informal. She then carefully lays out her proposed remedy, a thorough and well-considered framework that avoids these common missteps, offering a robust alternative in which both parties to an agreement can define their rights and obligations securely, transparently, and dynamically. This way, potential missteps can be handled expeditiously—that is, when they haven’t been avoided altogether. This book is sure to make an invaluable addition to the world of business literature—and to the shelves of any reader interested in alternative methods of pursuing negotiations in the realm of private transnational business.
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 Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Download or read book Comparative Remedies for Breach of Contract written by Nili Cohen and published by Bloomsbury Publishing. This book was released on 2005-02-28 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.
Download or read book Pure Economic Loss in Europe written by Mauro Bussani and published by Cambridge University Press. This book was released on 2003-07-31 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: How far can tort liability expand without imposing excessive burdens upon individual activity? This comprehensive 2003 study of pure economic loss in Europe uses a fact-based comparative method and research into the laws of thirteen European countries. Includes a historical and analytical introduction to economic loss.
Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.
Download or read book From Dissonance to Sense written by Thomas Wilhelmsson and published by Routledge. This book was released on 2019-01-04 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this book focuses on the new role of private law in late modernity. It analyses the pressures for changes in this area of law due to the present processes of privatisation and marketisation. The perspective is welfarist: in what ways and to what extent can the welfare state expectations of the citizens be defended through private law mechanisms when state-offered security is diminishing? Which alternatives are available when developing private law? The questions are discussed against the background of theories concerning important features of late modern society, for example consumerism, risk, information, globalisation and fragmentation. Several fields of private law are analysed, such as private law theory, tort and liability law, contract law and credit law as well as access to justice issues. The approach is comparative, including analyses of both common law and continental law.
Download or read book A Legal Framework from Emerging Business Models written by Emily M. Weitzenboeck and published by Edward Elgar Publishing. This book was released on 2012 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades have witnessed the growth of new forms of entrepreneurial cooperation such as dynamic networks like virtual enterprises and enterprise pools. These business forms are often hybrid, having elements of both contract-based organizations and corporate forms, in particular partnership. This book examines the relative utility of contract and partnership law in fostering and maintaining these emerging business models, focusing on dynamic networks. The book analyses how dynamic networks are organized and set up through, very often, collaborative contracts and how the behaviour of their member firms is regulated. Good faith and fair dealing as a behavioural criterion in contractual and partnership relations, is an important theme of this work. The background and preconditions for the emergence and growth of such business forms is also investigated. The book contains case studies of such networks from different countries in particular Germany, Austria, Switzerland, England and Norway. It examines relevant legal rules in a number of jurisdictions such as England, Norway, Germany, Italy, France and the US. This detailed book will appeal to postgraduate students and academics in the fields of contract law, comparative law, partnership law and business/commercial law. Academics in other disciplines such as economics, sociology and business management will also find much to interest them in this study.
Download or read book Tort Law in Poland Germany and Europe written by Bettina Heiderhoff and published by sellier. european law publ.. This book was released on 2009 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book represents the outcome of a conference, which was attended by Polish and German scholars and discusses miscellaneous topics, relating to current problems in tort law, that prove crucial in the light of current European practice"--P. 4 of cover.
Download or read book The Cumulative Book Index written by and published by . This book was released on 1992 with total page 2410 pages. Available in PDF, EPUB and Kindle. Book excerpt: A world list of books in the English language.
Download or read book Rome Convention Rome I Regulation written by Alexander J. Belohlávek and published by Juris Publishing, Inc.. This book was released on 2011-01-01 with total page 1636 pages. Available in PDF, EPUB and Kindle. Book excerpt: As of 17 December 2010, the Rome I Regulation (EU Regulation 593/2008) on the law applicable to contractual obligations is directly applicable in all EU Member States with the exception of Denmark. The Rome I Regulation replaces the Rome Convention of 1980 in the EU Member States and will apply to all contracts concluded as of 17 December 2010. However, and herein lies the utility and great importance of this work, the Rome Convention and the Rome I Regulation will be applied in parallel for a significant time to come (the author himself anticipates a ten-to-fifteen year period); in the latter case to contracts made after 17 December, 2010. This is why this commentary takes into account both sources of law, in their mutual interaction and broader context. The comprehensiveness of the Rome Convention / Rome I Regulation is clearly apparent, but one of the great achievements of the author is his amassing of over 1,800 judicial decisions, most of which are furnished with a detailed commentary; where these decisions apply national laws, the latter are cited both in the original and in translation. For a number of rulings, the commentary include not only a case summary of the facts and an analysis of the conclusions drawn by the court, but also takes them as models to hypothesize what conclusions would be reached if the Rome I Regulation were to be applied.
