Download or read book Studi in onore di Vittorio Denti Storia e metodologia garanzie e principi generali written by and published by . This book was released on 1994 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Studi in onore di Vittorio Denti Procedimenti speciali ed esecutivi processo penale written by and published by . This book was released on 1994 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Security written by Ulrich Drobnig and published by sellier. european law publ.. This book was released on 2007 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.
Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Download or read book Recueil Des Cours written by Academie de Droit International and published by Martinus Nijhoff Publishers. This book was released on 1998-06-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: - Souverainete territoriale et globalisation des marches: le domaine d'application des lois contre les restrictions de la concurrence, par J. BASEDOW, professeur a l'Universite libre de Berlin. The number of national laws that protect competition against private restrictions are constantly increasing. Their application to trans-boundary situations poses difficult problems for both private international law and public international law. The course deals with both, either with respect to application of the "lex fori" or with respect to application of foreign laws. - Enforcement in the International Context by K.D. KERAMEUS, Professor at the University of Athens. In recent years, enforcement proceedings have gone through a comprehensive reform in many countries. Furthermore, modern enforcement increasingly relies on foreign judgements. The course focuses on three subjects: the comparative element in recent codifications and case-law developments in the area of enforcement: salient and converging trends in the enforcement of foreign judgments on the basis of domestic law or international conventions: and the delimitation of "lex fori"and foreign law during the enforcement proceedings. To access the abstract texts for this volume please click here
Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.
Download or read book Evidence Law Adrift written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1997-01-01 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, a distinguished legal scholar examines how the legal culture and institutions in Anglo-American countries affect the way in which evidence is gathered, sifted, and presented to the courts. Mirjan Damaska focuses on the significance of the divided tribunal (between judge and jury), the concentrated character of trials ("day-in-court" justice), and the prominent role of the parties in adjudication (the adversary system). Throughout he contrasts the Anglo-American system with Continental, or civil- law justice, where lay fact finders sit with professional judges in unified tribunals, proceedings are episodic rather than concentrated, and the parties have fewer responsibilities than in the common-law tradition.Damaska describes the impact of the traditional institutional environment on the gathering and handling of evidence in common- law jurisdictions and then explores recent transformations of this environment: trial by jury has dramatically declined, pretrial proceedings have greatly proliferated, the adversary system shows signs of weakening in some types of cases. As a result, many rules and practices supporting the treatment of evidentiary material are in danger of becoming extinct. In addition, says Damaska, the increasing use of scientific methods of inquiry could place further strains on the use of traditional common-law evidence. In the future we should expect greater variety in decisionmaking activity, with factual inquiries tailored to the specific type of proceeding and common-law evidence restricted to a narrow sphere.
Download or read book Civil Procedure in Greece written by Pelayia Yessiou-Faltsi and published by Kluwer Law International B.V.. This book was released on 2024-01-18 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Greece. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. 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. Succinct, scholarly, and practical, this book will prove 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 comparative value as a contribution to the study of civil procedure in the international context.
Download or read book The Law of Proof in Early Modern Equity written by Michael R. T. Macnair and published by Duncker & Humblot. This book was released on 2013-06-21 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.
Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 1066 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Download or read book The European Codification Process written by Ugo Mattei and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.
Download or read book Family and Succession Law in Greece written by Ismene Androulidakis-Dimitriadis and published by Kluwer Law International B.V.. This book was released on 2021-10-21 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Greece covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Greece. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Download or read book Evaluation of Evidence written by Mirjan Damaška and published by Cambridge University Press. This book was released on 2019 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Well-chosen negative legal proof rules can be useful procedural safeguards. They existed in both pre-modern and modern criminal procedures.
Download or read book Law and Justice in a Multistate World Essays in Honor of Arthur T von Mehren written by James Nafziger and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
Download or read book Lawyer s Practice and Ideals A Comparative View written by John Barcelbo and published by Springer. This book was released on 1999-09-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the process of internationalization accelerates, comparative law scholars inevitably focus on the adaptation of legal cultures to new realities. It is particularly important, in the global world order as it stands today, to understand (as best we can) the `inner workings' of two groups of lawyers: those in the United States, and those in the major European countries. In which ways do the two groups understand each other, and where do they go their separate ways? And what are the implications for the legal profession and its beneficiaries of their cultural and ideological differences? At a symposium held in Paris twelve scholars from Europe and the United States met to investigate and clarify these issues under two intimately related rubrics: realities and trends on the one hand, and ethics, rules and professional ideologies on the other. The participants have updated their original papers for this publication. In the course of their discussion they reveal which cultural realities persist and are likely to remain, and which trends are broadening the common ground on which lawyers act in both cultures. The result is the sharpest delineation we have yet of this vital concern of current comparative law.
Download or read book The Loneliness of the Comparative Lawyer and Other Essays in Foreign and Comparative Law written by John Merryman and published by Springer. This book was released on 1999-06-30 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: In these critical essays a leading comparative lawyer: examines the movement for convergence of the Civil Law and the Common Law describes the Italian Style and the French Deviation contrasts Common Law estate with Civil Law ownership explains why the distinction between public law and private law is important to Civil Lawyers but has little interest for Common Lawyers exposes the fatal emptiness at the core of the Law and Development movement proposes a marriage of comparative law and scientific explanation emphasizes the fundamental relation between law and social and cultural change argues that the dominant tradition of comparative law teaching and scholarship is trapped in a cramped and arid 19th century paradigm advocates a culturally broader and historically richer approach to comparative law teaching and scholarship
Download or read book Collected courses of the Hague Academy of International Law written by Hague Academy of International Law and published by . This book was released on 1998 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
