Download or read book The Principles of BRICS Contract Law written by Salvatore Mancuso and published by Springer Nature. This book was released on 2022-08-09 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines national reports on contract law in each of the BRICS countries (Brazil, Russia, India, China and South Africa) in order to provide a comparative analysis. It then establishes common principles, where possible, as well as a set of general “soft law” principles governing international commercial contracts in these countries. The importance of commercial transactions in the BRICS countries is rapidly growing, yet differences in contract law among these countries can lead to misunderstandings and disputes. The rapid development of the BRICS instruments (and the legal implications of their use) suggests the need to address common legal issues that could harm the continued development of the BRICS economies. Contract law represents one of the core areas in which this process can take place. Addressing the salient legal issues within the BRICS discourse requires a comprehensive, comparative approach that explores the different solutions provided by each member country, in order to identify similarities and convergences. This process may ultimately help to reduce the legal obstacles to, and indirect costs of, cross-border transactions by offering a transparent and predictable legal environment for any future attempt at adopting common legal instruments.

Download or read book Routledge Handbook of Private Law and Sustainability written by Marta Santos Silva and published by Taylor & Francis. This book was released on 2024-06-05 with total page 693 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Private Law and Sustainability reflects on how the law can help tackle the current environmental challenges and make our societies more resilient to future crises. Sustainability has been high on the political agenda since the approval of the Sustainable Development Goals in 2015 and the EU Green Deal in 2019. The Green Agenda aims at making Europe the first climate‐neutral continent by 2050, but humanity persists in an ecological overshoot that puts at risk the survival of species, including that of our own. Drawing together a selection of leading thinkers in the field, this Handbook provides a curated overview of the most recent and relevant discussions for private lawyers related to environmental and sustainability concerns. The authors delve into case study examples from 20 countries in Europe and beyond and discuss a wide range of issues, including new property law and consumer law paradigms, the use of legal tech for promoting sustainable property management, strategies for fighting planned obsolescence, eco‐design, the servitisation economy, advances on corporate climate litigation and mandated green private sludges. Overall, the volume is designed to empower new generations of legal scholars to take an active role in the transition to a more sustainable future. It will also assist policymakers in producing better policy, through pinpointing the main legal issues that need to be addressed and offering a comparative overview of legal solutions and best practices. Divided into six key parts and overseen by a team of internationally recognised expert editors, this Handbook will be an essential resource for students, scholars, private lawyers and policymakers who wish to have a comprehensive, fundamental overview of how environmental sustainability concerns reflect on private law.

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.

Download or read book Tort Law in Portugal written by Nuno Manuel Pinto Oliveira and published by Kluwer Law International B.V.. This book was released on 2020-07-21 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Portugal. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Portugal. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Download or read book International Encylopedia of Comparative Law Instalment 7 written by K. Zweigert and published by Martinus Nijhoff Publishers. This book was released on 1981-08-01 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America

Download or read book Foundations of Property Law written by Christian von Bar and published by Oxford University Press. This book was released on 2023-08-25 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.

Download or read book Private International Law in Brazil written by Jacob Dolinger and published by Kluwer Law International B.V.. This book was released on 2017-10-20 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Brazil. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Brazil. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Download or read book The Chinese Civil Code in the Global Legal Order written by Mauro Bussani and published by BRILL. This book was released on 2024-08-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Download or read book Constitutional Framework of European Labour Law in Italy France Germany Portugal and Spain written by Luís Gonçalves da Silva and published by Springer Nature. This book was released on 2024-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.

Download or read book Public Policy and Private International Law written by Meyer, Olaf and published by Edward Elgar Publishing. This book was released on 2022-09-06 with total page 503 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public policy exception in private international law is designed to provide a national backstop in the application of foreign laws. This book provides detailed and practical comparative coverage of the use of public policy in the context of private international law across a number of important jurisdictions spanning three continents.

Download or read book PACTO ANTENUPCIAL SEGUNDO A TEORIA DO NEG CIO JUR DICO written by Felipe Frank and published by Lulu.com. This book was released on 2019-02-16 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: O presente trabalho corresponde à segunda parte expandida da tese de doutorado do autor, defendida em 29/09/2017 no âmbito da Faculdade de Direito da Universidade Federal do Paraná, sob a orientação dos professores Luiz Edson Fachin e Carlos Eduardo Pianovski Ruzyk. Na obra, o autor busca promover uma investigação minuciosa sobre os planos da existência, da validade e da eficácia do pacto antenupcial segundo uma perspectiva dogmática crítica, oferecendo-se, com isso, a base teórica necessária para colocar em debate seus limites e possibilidades, em especial no tocante ao direito sucessório brasileiro e à possibilidade de se dispor a respeito da concorrência sucessória no pacto antenupcial.

Download or read book France Belgium Bulgaria Poland Portugal written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-02-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal

Download or read book Legal Aspects of Autonomous Systems written by Dário Moura Vicente and published by Springer Nature. This book was released on 2024-01-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas.

Download or read book Comparative Law of Obligations written by Vicente, Dário M. and published by Edward Elgar Publishing. This book was released on 2021-12-09 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.

Download or read book Civil Law Studies written by Carmo D’Souza and published by Cambridge Scholars Publishing. This book was released on 2020-07-24 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The glacier of Ancient Vedic wisdom flowed down the Himalayan Kailash and watered the Hindu philosophy. The Shrutis (that which was heard) and the Smritis (that which was remembered) reflected this Vedic wisdom. Thinkers and philosophers of the time expressed their thoughts in prosaic Dharmasutras and later on in more refined poetic Dharmashastras. The Smritkars followed with their own interpretation, symbolically represented by the Code of Manu. That jurisprudence was responsible for taking the country through the Golden pages of its history. With the British dominance, India was plunged in Common Law Jurisprudence, interwoven with Hindu Philosophy. The Midnight country awoke in 1947 to an Independent democratic set up, and in 1950 was wedded to the Indian Constitutional philosophy, laid with the bricks of Common Law. With the establishment of the Supreme Court of India, the apex judicial institution in an interpretative mood carved a unique niche for Anglo- Indian Jurisprudence , amidst the Legal Systems of the World. In the twenty first century, India is on a launch pad as a new political and economical superpower. At this stage there is a need for India to familiarize with the Civil Law System, that has grip on the other half of the commercial world. Tiny pockets in Western and in Eastern India , as parts of erstwhile Portuguese or French colonial possessions had earlier experienced the Continental Jurisprudence. These pockets have the unique distinction of having run both the Common and Civil Law Systems and even simultaneously during the transition period . This experience can be a contribution to the globalizing world . Hence it is necessary to foster the study of Civil Law in India , not only from its historical past but also from its future prospects in world market. In “ Civil Law Studies: An Indian Prospective”, about two dozen scholars from the Law faculties of the Universities of India, Lisbon and Coimbra have collaborated to visualize the role for Civil Law Studies in the subcontinent . They have explored the different branches of law for comparative research such as constitutional, civil, commercial, criminal, etc. The book is intended to be a thought provoking exercise which will strengthen the Study and Research of Civil Law in India. The suggestions are meant to empower legal educators, law students , the bar and the bench in India.