Author: Carlos Esplugues Mota
Publisher: Walter de Gruyter
ISBN: 3866539126
Category : Law
Languages : en
Pages : 445
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Book Description
During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.
Author: Maffeo Pantaleoni
Publisher:
ISBN:
Category : Economics
Languages : en
Pages : 344
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Book Description
Author: George Mitrovich
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 28
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Book Description
Author: Pierre De Vos
Publisher:
ISBN: 9780190746162
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
Includes bibliographical references (pages 843-875) and index.
Author: Benedetto Croce
Publisher: Library of Alexandria
ISBN: 1465614389
Category : Fiction
Languages : en
Pages : 209
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Book Description
Historical materialism is what is called a fashionable subject. The theory came into being fifty years ago, and for a time remained obscure and limited; but during the last six or seven years it has rapidly attained great fame and an extensive literature, which is daily increasing, has grown up around it. It is not my intention to write once again the account, already given many times, of the origin of this doctrine; nor to restate and criticise the now well-known passages in which Marx and Engels asserted the theory, nor the different views of its opponents, its supporters, its exponents, and its correctors and corruptors. My object is merely to submit to my colleagues some few remarks concerning the doctrine, taking it in the form in which it appears in a recent book by Professor Antonio Labriola, of the University of Rome. For many reasons, it does not come within my province to praise Labriola's book. But I cannot help saying as a needful explanation, that it appears to me to be the fullest and most adequate treatment of the question. The book is free from pedantry and learned tattle, whilst it shows in every line signs of the author's complete knowledge of all that has been written on the subject: a book, in short, which saves the annoyance of controversy with erroneous and exaggerated opinions, which in it appear as superseded. It has a grand opportunity in Italy, where the materialistic theory of history is known almost solely in the spurious form bestowed on it by an ingenious professor of economics, who even pretends to be its inventor.
Author: François Guizot
Publisher:
ISBN:
Category : Comparative government
Languages : en
Pages : 576
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Book Description
Author:
Publisher: Routledge
ISBN: 1135393214
Category :
Languages : en
Pages : 310
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Book Description
Author: Mario Ascheri
Publisher: BRILL
ISBN: 9004252568
Category : History
Languages : en
Pages : 443
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Book Description
In The Laws of Late Medieval Italy Mario Ascheri examines the features of the Italian legal world and explains why it should be regarded as a foundation for the future European continental system. The deep feuds among the Empire, the Churches unified by Roman papacy and the flourishing cities gave rise to very new legal ideas with the strong cooperation of the universities, beginning with that of Bologna. The teaching of Roman law and of the new papal laws, which quickly spread all over Europe, built up a professional group of lawyers and notaries which shaped the new, 'modern', public institutions, including efficient courts (like the Inquisition). Politically divided, Italy was partly unified by the legal system, so-called (Continental) common law (ius commune), which became a pattern for all of Europe onwards. Early modern Europe had for long time to work with it, and parts of it are still alive as a common cultural heritage behind a new European law system.
Author: Kenneth D. Cooper-Stephenson
Publisher: Captus Press
ISBN: 9780921801870
Category : Damages
Languages : en
Pages : 448
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Book Description
Author: Giovanni Zarra
Publisher: T.M.C. Asser Press
ISBN: 9789462655010
Category : Law
Languages : en
Pages : 0
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Book Description
This book centres on the ways in which the concept of imperativeness has found expression in private international law (PIL) and discusses “imperative norms”, and “imperativeness” as their intrinsic quality, examining the rules or principles that protect fundamental interests and/or the values of a state so as to require their application at any cost and without exceptions. Discussing imperative norms in PIL means referring to international public policy and overriding mandatory rules: in this book the origins, content, scope and effects of both these forms of imperativeness are analyzed in depth. This is a subject deserving further study, considering that very divergent opinions are still emerging within academia and case law regarding the differences between international public policy and overriding mandatory rules as well as with regard to their way of functioning. By using an approach mainly based on an analysis of the case law of the CJEU and of the courts of the various European countries, the book delves into the origin of imperativeness since Roman law, explains how imperative norms have evolved in the different conceptions of private international law, and clarifies the foundation of the differences between international public policy and overriding mandatory rules and how these concepts are used in EU Regulations on PIL (and in the practice related to these sources of law). Finally, the work discusses the influence of EU and public international law sources on the concept of imperativeness within the legal systems of European countries and whether a minimum content of imperativeness – mainly aimed at ensuring the protection of fundamental human rights in transnational relationships – between these countries has emerged. The book will prove an essential tool for academics with an interest in the analysis of these general concepts and practitioners having to deal with the functioning of imperative norms in litigation cases and in the drafting of international contracts. Giovanni Zarra is Assistant professor of international law and private international law and transnational litigation in the Department of Law of the Federico II University of Naples.
