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Author: Carolina M. Laborde
Publisher: Peter Lang
ISBN: 9783631595367
Category : Business & Economics
Languages : en
Pages : 252
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Book Description
Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.
Author: Carolina M. Laborde
Publisher: Peter Lang
ISBN: 9783631595367
Category : Business & Economics
Languages : en
Pages : 252
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Book Description
Originally presented as the author's thesis (doctoral)--Freiburg (Breisgau), Universiteat, 2008.
Author: Frederico Eduardo Zenedin Glitz
Publisher: Frederico Glitz Consultoria Jurídica
ISBN: 8591689925
Category : Law
Languages : en
Pages : 410
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Book Description
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern European experience, doctrine and Brazilian legislation emphasize the secondary, when not merely interpretive, role of the contractual custom. In turn, Brazilian case law wasn´t able to give general treatment to contractual custom. Moreover, the process of reducing distances and cultural, social and economic approximation, usually called globalization, influenced the contracts through the incorporation of a number of solutions brought from the international trade practice. Although they might be justified by the age-old principle of freedom, somehow these international "uses" insinuate themselves into Brazil to the point of requiring that the Brazilian Courts themselves to give them treatment and shelter. On one side, if you deny the existence of a creative normative role in contractual custom by another, albeit indirect, is recognized not only their existence but the possibility of foreign origin. This paradoxical treatment reflects, to some extent, another consequence: the Brazilian contract law is in the process of internationalization. Here, then, a new confrontation is announced: a broad creative freedom (a tributary of the so-called Lex mercatoria) and the foreign act incorporation control (public policy). Unlike before, however, no simplistic answer would be feasible, particularly because of the complexity of contemporary and regulatory Brazilian contract law.
Author: Andrew V. Abela
Publisher: CUA Press
ISBN: 0813228867
Category : Business & Economics
Languages : es
Pages : 193
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Book Description
This second edition, translated into Spanish, streamlines some of the editing from the first addition, and more importantly, includes material from Pope Francis's encyclical, Laudato Si’, and his apostolic exhortation, Evangelii Gaudium. A Catechism for Business presents the teachings of the Catholic Church as they relate to more than one hundred specific and challenging moral questions as they have been asked by business leaders. Andrew V. Abela and Joseph E. Capizzi have assembled the relevant quotations from recent Catholic social teaching as responses to these questions. Questions and answers are grouped together under major topics such as marketing, finance and investment. The book's easy-to-use question and answer approach invites quick reference for tough questions and serves as a basis for reflection and deeper study in the rich Catholic tradition of social doctrine.
Author: Pranvera Këllezi
Publisher: Springer
ISBN: 331946891X
Category : Law
Languages : en
Pages : 637
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Book Description
This publication provides an unparalleled comparative analysis of two "hot topics" in the field of antitrust and unfair competition law with regard to a number of key countries. The first part of the book examines the prohibition of abuse of a dominant position and globalization in relation to two broad questions: first, whether there is consistency between the approaches of different jurisdictions to the notion of abuse, and, second, whether there are too many restrictions on legal rights and business opportunities resulting from the prohibition of abuse of dominance. The international report drafted by Professor Pinar Akman reveals that there are as many similarities as differences between the approaches of the twenty-one jurisdictions studied and presented in this book. This is an invitation to read the excellent international report as well as the reports on specific jurisdictions in order to grasp the variety of arguments and approaches of this antitrust area, which may, on the surface, appear alike. The second part gathers contributions on the question of protection and disclosure of trade secrets and know-how from various jurisdictions. The need for adequate protection of trade secrets has increased due to digitalization and the ease with which large volumes of misappropriated information can be reproduced. The comprehensive international report, prepared by Henrik Bengtsson, brings together these reflections by comparing various national positions. The book also discusses the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, and includes proposed solutions and recommendations.
Author: José Carlos Fernández Rozas
Publisher:
ISBN: 9788491356752
Category :
Languages : es
Pages : 0
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Book Description
Author: Andre Janssen
Publisher: sellier. european law publ.
ISBN: 3866530706
Category : Business & Economics
Languages : en
Pages : 408
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Book Description
The Convention on Contracts for the International Sale of Goods (CISG) is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 Member States. But do they also apply it in the same manner? Although Article 7 of the CISG underscores "the need to promote uniformity in its application," it gives little guidance as to how to achieve this goal. Each judge and arbitrator is influenced by the legal methodology of his home jurisdiction. Therefore it is somewhat of a paradox that while the number of Member States is constantly increasing, so too is the threat of variation in application. In this book, the most important issues of the CISG's methodology are analyzed by leading experts from five continents. Some contributors provide a thorough analysis of the central topics of interpretation while others enter almost uncharted territories.
Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 184731970X
Category : Law
Languages : en
Pages : 1138
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Book Description
'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.
Author: Ingeborg Schwenzer
Publisher: Oxford University Press, USA
ISBN: 0199572984
Category : Business & Economics
Languages : en
Pages : 1069
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Book Description
This comprehensive analysis of domestic and international sales law covering over sixty jurisdictions is the most detailed work in the field. It includes all aspects of a sale of goods transaction and provides answers to complex issues in practice.
Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 1571053468
Category : Law
Languages : en
Pages : 1179
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Book Description
Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied.
Author: Michael Joachim Bonell
Publisher: Martinus Nijhoff Publishers
ISBN: 9004177167
Category : Law
Languages : en
Pages : 706
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Book Description
The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. Available in more than 20 language versions, they are increasingly being used by national legislatures as a source of inspiration in law reform projects, by lawyers as guidelines in contract negotiations and by arbitrators as a legal basis for the settlement of disputes. In 2004 a new edition of the Unidroit Principles was approved, containing five new chapters and adaptations to take into account electronic contracting. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish. Published under the Transnational Publishers imprint.
