Historical Introduction to the Private Law of Rome PDF Download
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Author: James Muirhead
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 480
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Book Description
Author: James Muirhead
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 480
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Book Description
Author: Gralf-Peter Calliess
Publisher: Kluwer Law International B.V.
ISBN: 9403509147
Category : Law
Languages : en
Pages : 980
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Book Description
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Author: Coleman Phillipson
Publisher:
ISBN:
Category : Customary law (Roman law)
Languages : en
Pages : 450
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Book Description
Author: A. Arthur Schiller
Publisher: Walter de Gruyter
ISBN: 311080719X
Category : History
Languages : en
Pages : 645
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Author: James Kent
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 764
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Author:
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 562
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Book Description
Author: Charles Phineas Sherman
Publisher:
ISBN:
Category : Roman law
Languages : en
Pages : 344
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Book Description
Author: Stefan Leible
Publisher: Kluwer Law International B.V.
ISBN: 9041159649
Category : Law
Languages : en
Pages : 415
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Book Description
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.
Author: James Kent
Publisher: BoD – Books on Demand
ISBN: 3368173871
Category : Fiction
Languages : en
Pages : 802
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Book Description
Reprint of the original, first published in 1873.
Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 800
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Book Description
