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Author: Philipp Kiiver
Publisher: Europa Law Publishing
ISBN: 9789089520937
Category : International law
Languages : en
Pages : 944
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Book Description
The Maastricht Law Faculty is known for its outstanding expertise in the field of European and comparative law, and it attaches great importance to comparative legal studies in its teaching. National, European, and international legal provisions, which have proven to be particularly relevant in comparative legal studies, assists students, academics, and practitioners in their comparative law work. This expanded and updated second edition of the Maastricht Collection covers the areas of: constitutional law * administrative law and administrative procedure * criminal justice * European and international human rights law * property law * tort law * national and European contract law * civil procedure * private international law * company law * international business law * international tax law. For each area, a selection of important legal provisions - from France, Germany, the Netherlands, and the UK - is provided. This includes domestic constitutional and statutory provisions, provisions from international treaties, and instruments of the EU. In addition, selected sources from the US are provided. Sources are reproduced in the original English or are rendered as fresh English translations under critical editorship. Unlike many other translations, The Maastricht Collection remains true to the content, style, and syntax of the original texts. This allows the reader to appreciate, not only the substance, but also the authentic form - and the beauty - of foreign legal sources.
Author: Philipp Kiiver
Publisher: Europa Law Publishing
ISBN: 9789089520937
Category : International law
Languages : en
Pages : 944
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Book Description
The Maastricht Law Faculty is known for its outstanding expertise in the field of European and comparative law, and it attaches great importance to comparative legal studies in its teaching. National, European, and international legal provisions, which have proven to be particularly relevant in comparative legal studies, assists students, academics, and practitioners in their comparative law work. This expanded and updated second edition of the Maastricht Collection covers the areas of: constitutional law * administrative law and administrative procedure * criminal justice * European and international human rights law * property law * tort law * national and European contract law * civil procedure * private international law * company law * international business law * international tax law. For each area, a selection of important legal provisions - from France, Germany, the Netherlands, and the UK - is provided. This includes domestic constitutional and statutory provisions, provisions from international treaties, and instruments of the EU. In addition, selected sources from the US are provided. Sources are reproduced in the original English or are rendered as fresh English translations under critical editorship. Unlike many other translations, The Maastricht Collection remains true to the content, style, and syntax of the original texts. This allows the reader to appreciate, not only the substance, but also the authentic form - and the beauty - of foreign legal sources.
Author: Zvonimir Slakoper
Publisher: Routledge
ISBN: 1000431401
Category : Law
Languages : en
Pages : 266
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Book Description
EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.
Author: Sascha Hardt
Publisher:
ISBN: 9789089521934
Category : Law
Languages : en
Pages : 2342
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Book Description
The Maastricht Collection comprises a broad selection of legal instruments and provisions that have proven to be particularly relevant and useful to students and practitioners of international, European, and comparative law. The compilation is based on the Maastricht University Law School's longstanding expertise in teaching and researching European, international, and comparative national law. It includes codes and statutory law from France, Germany, the Netherlands, and the United Kingdom, international treaties, as well as legal instruments of the European Union. The provisions contained in The Maastricht Collection are reproduced in the original English or in the authentic English version, where applicable, or they are freshly translated under critical editorship. Existing translations of written law, including officious translations available on government websites, often seek to turn old-fashioned or ambiguous original texts into modern and elegant English. Or, instead of translating, they seek to explain how certain terms and formulations are interpreted in practice. The translations in The Maastricht Collection remain as faithful as possible to the content and linguistic style of the original, thus allowing the reader not only to appreciate the substance but also the authentic form of legal sources. The fifth edition of The Maastricht Collection constitutes not only a full revision and update of the fourth edition, but also comprises many important additions, aiming to further enhance its value as a resource in teaching and research. Due to the significant expansion of the collection, this new edition has been divided into four reader-friendly volumes: Vol. I - International and European Law (ISBN 9789089521941); Vol. II - Comparative Public Law (ISBN 9789089521958); Vol. III - International and European Private Law (ISBN 9789089521965); Vol. IV - Comparative Private Law (ISBN 9789089521972) [Subject: European Law, Comparative Law, International Law, Public Law, Private Law]
Author: Sascha Hardt
Publisher:
ISBN: 9789089521965
Category : Law
Languages : en
Pages : 655
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Book Description
This volume of the Maastricht Collection (5th edition) comprises a broad selection of legal instruments and provisions on International and European Private Law.
Author: Jan-Jaap Kuipers
Publisher: Martinus Nijhoff Publishers
ISBN: 9004206728
Category : Law
Languages : en
Pages : 383
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Book Description
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Author: Marc Amstutz
Publisher:
ISBN: 9789490947125
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
This second edition contains a selection of European directives in the field of private law, primarily in the law of contract and tort. All texts are presented in their updated version. The book gives easy access to an important part of European legislation. It will help students and practitioners gain a better understanding of the role this legislation plays in the current shaping of national private law in the European Union and in its partner countries.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530595
Category : Civil law
Languages : en
Pages : 406
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Book Description
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author: Anna Beckers
Publisher: Bloomsbury Publishing
ISBN: 1849469016
Category : Law
Languages : en
Pages : 448
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Book Description
Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.
Author: Marise Cremona
Publisher: Bloomsbury Publishing
ISBN: 1782253254
Category : Law
Languages : en
Pages : 300
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Book Description
This edited collection appraises the role, self-perception, reasoning and impact of the European Court of Justice on the development of European Union (EU) external relations law. Against the background of the recent recasting of the EU Treaties by the Treaty of Lisbon and at a time when questions arise over the character of the Court's judicial reasoning and the effect of international legal obligations in its case law, it discusses the contribution of the Court to the formation of the EU as an international actor and the development of EU external relations law, and the constitutional challenges the Court faces in this context. To what extent does the position of the Court contribute to a specific conception of the EU? How does the EU's constitutional order, as interpreted by the Court, shape its external relations? The Court still has only limited jurisdiction over the EU's Common Foreign and Security Policy: why has this decision been taken, and what are its implications? And what is the Court's own view of the relationship between court(s) and foreign policy, and of its own relationship with other international courts? The contributions to this volume show that the Court's influence over EU external relations derives first from its ability to shape and define the external competence of the EU and resulting constraints on the Member States, and second from its insistence on the autonomy of the EU legal order and its role as 'gatekeeper' to the entry and effect of international law into the EU system. It has not - in the external domain - overtly exerted influence through shaping substantive policy, as it has, for example, in relation to the internal market. Nevertheless the rather 'legalised' nature of EU external relations and the significance of the EU's international legal commitments mean that the role of the Court of Justice is more central than that of a national court with respect to the foreign policy of a nation state. And of course its decisions can nonetheless be highly political.
Author: Sjef van Erp
Publisher: Bloomsbury Publishing
ISBN: 1847319823
Category : Law
Languages : en
Pages : 1252
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Book Description
This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
