The Harmonization of Legal Warranties in European Law: an Economic Analysis PDF Download
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Author: Francesco Parisi
Publisher:
ISBN:
Category :
Languages : en
Pages : 43
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Book Description
Author: Francesco Parisi
Publisher:
ISBN:
Category :
Languages : en
Pages : 43
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Book Description
Author: Alain Marciano
Publisher: Edward Elgar Publishing
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
One of the effects of the process of European integration is the growing importance of transnational institutions and the accompanying legal harmonisation. This book looks at the challenges arising from the consequential shifts in power.
Author: Juergen Noll
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The European Union's Directive on the Harmonization of the national warranty law directed interest to this particular legal institution. From an economic point of view warranties have different functions. In this paper warranties' main features, their role in adverse selection settings and as a consumer protection tool will be briefly described. It will be argued that legal warranties do not have the same properties as conventional warranties. In particular, legal warranties lead to a loss of informational value and to a welfare loss resulting from constricted transaction possibilities. Especially, the last points have not been widely recognised in the research on warranties.
Author: Bert Van Roosebeke
Publisher: Springer Science & Business Media
ISBN: 3835094947
Category : Law
Languages : en
Pages : 271
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Book Description
Bert Van Roosebeke analyses non-contractual state liability in the European Union. He explains differences in member states’ breaching behaviour and presents the state liability doctrine as developed by the European Court of Justice in a number of cases. He shows that compliance is the true economic aim of state liability legislation and presents a comparative analysis of the effectiveness of both private and public law enforcement mechanisms. He finally formulates improvements to the rules of state liability.
Author: Richard M. Buxbaum
Publisher: Walter de Gruyter
ISBN: 3110908891
Category : Law
Languages : en
Pages : 397
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Book Description
Author: Terri S. Farmer
Publisher:
ISBN:
Category : Warranty
Languages : en
Pages : 146
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Book Description
Author: André Janssen
Publisher: Walter de Gruyter
ISBN: 3866537220
Category : Law
Languages : en
Pages : 408
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Book Description
The CISG is now being applied extensively both by international arbitral tribunals and by domestic courts of its more than 70 contracting 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 whilst the number of contracting 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 analysed by leading experts from five continents. Whereas some authors provide a thorough analysis of the central topics of interpretation, others enter almost uncharted territories.
Author: Ewoud Hondius
Publisher: Cambridge University Press
ISBN: 1139501151
Category : Law
Languages : en
Pages : 715
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Book Description
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Author: C. Massimo Bianca
Publisher: Intersentia nv
ISBN: 9050951937
Category : Consumer protection
Languages : en
Pages : 400
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Book Description
European standards of interpretation (including interpretation of comparative law) and reference to the directive and to instruments of European law are now part of sound legal practice even in the most routine of domestic cases. The huge reforms in many national laws, in some countries the rewriting of their Code to reflect the Directive, is no more than good approximation. What really matters and what ultimately will be the decisive standard is the Directive. The Geneva Conventions on bills of exchange and cheques, the Vienna Convention on the International Sale of Goods and the Brussels Convention on jurisdiction and recognition of judgments were milestones. They did not, however, influence national private law in its core area as profoundly and as extensively as the EU Sales Law Directive will. This book starts off by explaining the instruments of European law and their influence on national law and lays solid foundations for a thorough transnational understanding of every single pro-vision of the directive. Also discussed are the philosophical, historical and economic foundations of the different rules, which are followed by a detailed commentary on each individual article. Contributions to this book are made by C.M. Bianca, M. Bridge, W. van Gerven, F. Gomez, S. Grundmann, E. Hondius, P. Malinvaud, A.L. Serrano, P. Sirena and S. Stijns.
Author: Mackaay, Ejan
Publisher: Edward Elgar Publishing
ISBN: 178811826X
Category : Law
Languages : en
Pages : 520
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Book Description
This second edition of Law and Economics for Civil Law Systems substantially updates a unique work that presents the core ideas of law and economics for audiences primarily familiar with civil law systems.
