Author: Publisher: ebooks Patagonia
ISBN:
Category :
Languages : en
Pages : 390
Book Description
Author: Publisher: ebooks Patagonia
ISBN:
Category :
Languages : en
Pages : 390
Book Description
The Interaction of Contract Law and Tort and Property Law in Europe
Author: Christian von BarPublisher: Walter de Gruyter
ISBN: 386653731X
Category : Law
Languages : en
Pages : 574
Book Description
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Foundations of Property Law
Author: Christian von BarPublisher: Oxford University Press
ISBN: 0198885334
Category : Law
Languages : en
Pages : 481
Book Description
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.
More Constitutional Dimensions of Contract Law
Author: Luca Siliquini-CinelliPublisher: Springer
ISBN: 3030151077
Category : Law
Languages : en
Pages : 173
Book Description
This second volume on the constitutional dimension of contract law explores this increasingly relevant subject in jurisdictions that are usually overlooked by mainstream scholarship in the English-speaking world. With chapters on Finland and other Nordic Countries from a comparative perspective, Spain, Japan, Somalia, Nigeria, Brazil, and Peru, the contributions presented here offer much-needed, context-informed insights on whether – and if so, why, how and to what extent – the development of contract law is being influenced by constitutional values and fundamental rights issues (or vice-versa). The book represents a valuable addition to comparative law literature on the interplay between public (i.e., constitutional) and private (i.e., contract) law by revealing the inner dynamics through which these two branches interact and (at times) inform each other, whilst also enhancing our understanding of the law’s nature, function, and transformative potential at the macro, meso, and micro levels.
Comparative Law of Obligations
Author: Vicente, Dário M.Publisher: Edward Elgar Publishing
ISBN: 1789905818
Category : Law
Languages : en
Pages : 496
Book Description
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.
Contract Law in Spain
Author: Antoni VaquerPublisher: Kluwer Law International B.V.
ISBN: 9403545208
Category : Law
Languages : en
Pages : 348
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. 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. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Spain will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
Unjustified Enrichment
Author: Stephen SwannPublisher: Walter de Gruyter
ISBN: 3866538987
Category : Law
Languages : en
Pages : 776
Book Description
"Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Fundamentos del Derecho Civil Patrimonial
Author: Luis Díez-Picazo y Ponce de LeónPublisher:
ISBN:
Category :
Languages : es
Pages : 0
Book Description
Trade and Labour Standards
Author: Anthony ForsythPublisher: Cambridge Scholars Publishing
ISBN: 1527522008
Category : Law
Languages : en
Pages : 275
Book Description
Mega-regional agreements have recently stirred controversy, producing a clash between the founding principles of liberalisation and protectionism, giving rise to competence issues between the European Union and its Member States. Although scholarly work has focused for years on the controversial “social clause”, it is now worth carrying out a detailed, legal analysis of the labour standards contained in the mega-regional trade agreements adopted and negotiated by the EU and the US. The topic gives rise to much controversy, as it is influenced by political convictions and election results. For this reason, it poses one of the most significant challenges to international labour law. Based on these considerations, this book examines the social dimension of three of the most relevant mega-regional trade agreements, namely TTP, CETA, and TTIP. It is argued that trade liberalisation should be accompanied by progress in the social and labour field.
Security Rights in Movable Property in European Private Law
Author: Eva-Maria KieningerPublisher: Cambridge University Press
ISBN: 1139454757
Category : Law
Languages : en
Pages : 827
Book Description
For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
