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Author: France. Ministère de la justice. Direction de l'administration générale et de l'équipement
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
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Book Description
Author: France. Ministère de la justice. Direction de l'administration générale et de l'équipement
Publisher:
ISBN:
Category :
Languages : en
Pages : 82
Get Book Here
Book Description
Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107276683
Category : Law
Languages : en
Pages : 585
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Book Description
Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Author: Kaj Hobér
Publisher: Juris Publishing, Inc.
ISBN: 1933833599
Category : Law
Languages : en
Pages : 554
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Book Description
Friends and colleagues from all corners of the world have dedicated this publication to Ulf Franke in appreciation of his 35 years of service as Secretary General of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC Institute). Mr. Franke’s expertise has been long recognized not only in Sweden, but also in the international arbitration community. Throughout an inspiring career, Mr. Franke has used his vast knowledge of international arbitration in combination with an inexhaustible energy to build and develop the practice of institutional arbitration and the SCC Institute. Between East and West: Essays in Honour of Ulf Franke contains 43 essays by leading members of the arbitration community. The contributions not only look back on how international arbitration has developed over the course of Mr. Franke’s career, but also discuss cutting-edge issues that directly affect the future of this field.
Author: Remus Valsan
Publisher: Edinburgh University Press
ISBN: 1474403530
Category : Law
Languages : en
Pages : 253
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Book Description
Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.
Author: Canada. Dominion Bureau of Statistics
Publisher:
ISBN:
Category : Canada
Languages : en
Pages : 1180
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Book Description
Author: Alexander J. Belohlávek
Publisher: Juris Publishing, Inc.
ISBN: 1937518124
Category : Law
Languages : en
Pages : 554
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Book Description
Consumer protection has become a phenomenon of the past years and the combination of consumer protection and arbitration is especially sensitive. Some countries experience tens of thousands of consumer arbitrations each year while others significantly limit or even entirely exclude arbitration in consumer disputes. Many countries have undergone certain reforms in consumer disputes, the main objective of which is the protection of consumers in arbitration. The controversial variable is the degree of protection to be afforded to the consumer, both under the applicable substantive law and in procedural terms. These are the main issues addressed in this book. Apart from the key topic, the author has extensively elaborated on certain fundamental categories such as public interest and public policy (all primarily in connection to the procedural mechanisms of consumer protection); he has also analyzed the applicable European law and the case law of the ECJ and offered an overview of the individual systems employed in both European and non-European countries (especially the USA and Canada). An integral part of this book is an extensive comparison and analysis of the voluminous case law (several tens of decisions), with reference to more than three hundred other available court decisions. The book also focuses on the position of the consumer in the individual procedural stages, the intervention of courts in arbitration motivated by consumer protection, the individual stages of proceedings, recognition and enforcement of arbitral awards rendered in consumer disputes, both in domestic context and in the international milieu etc. The international practice significantly influences the domestic environment in the individual countries. The key issue in the EU countries is, in principle, the enforcement of EU standards which influence the domestic models of consumer protection, primarily in connection with the autonomous EU interpretation of a number of institutions. Many related issues have not yet been addressed in the case law of certain states. In fact, some of them have never even been discovered. Besides, the enforcement of foreign arbitral awards requires, inter alia, the compliance with extra-EU international obligations binding on the individual states. And finally, arbitration is not regulated by the EU law, as opposed to consumer protection. Naturally, arbitration is to a significant extent regulated by international law. This results in conflicts between national, international interpretation and interpretation pursuant to the EU law, where the circumstances allow to apply the EU law. This book is intended for all readers who have any experience with enforcement of consumer rights, as well as for all professionals dealing with arbitration in general. It is therefore intended for general legal practitioners, lawyers, primarily arbitrators, of course, but also for judiciary dealing with civil matters in the broadest sense. Apart from a voluminous case law, the book quotes from a number of domestic and foreign sources and, above all, offers a long list of structured bibliography and detailed subject index, as well as a table of states, table of cases and list of legal sources. It is therefore not only an important tool for the practice, but also a useful instrument for academics (lawyers as well as other professionals).
Author: Richard Hyland
Publisher: Oxford University Press
ISBN: 0195343360
Category : Law
Languages : en
Pages : 731
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Book Description
Over the past two thousand years, Western legal systems have had to alter some of their most basic principles in order to regulate the giving of gifts. This is a study of how legal concepts from the marketplace have been reshaped to accommodate a fundamentally different type of social practice. Richard Hyland examines the law of gifts in England, India, and the United States, and in Belgium, France, Germany, Italy, and Spain. Giftsalso surveys the extensive discussion about gift giving in anthropology, history, economics, philosophy, and sociology. In addition, Hyland offers a critique of the functionalist method in comparative law and demonstrates the benefits of an interpretive approach.
Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 800
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Book Description
Author: Guillaume Laganière
Publisher: Bloomsbury Publishing
ISBN: 1509951164
Category : Law
Languages : en
Pages : 334
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Book Description
This book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.
Author: Dobrochna Bach-Golecka
Publisher: Springer Nature
ISBN: 3030670007
Category : Law
Languages : en
Pages : 458
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Book Description
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
