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Author: Antonio Gambaro
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 705
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Book Description
Author: Antonio Gambaro
Publisher:
ISBN:
Category : International law
Languages : en
Pages : 705
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Book Description
Author: Antonio Gambaro
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 724
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Book Description
Author: J. M. Smits
Publisher: Intersentia nv
ISBN: 9050951910
Category : Civil law
Languages : en
Pages : 322
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Book Description
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Author: John W. Cairns
Publisher: Edinburgh University Press
ISBN: 0748642927
Category : Law
Languages : en
Pages : 320
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Book Description
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
Author: Michael G. Faure
Publisher: Intersentia nv
ISBN: 905095250X
Category : Droit - Pays de l'Union européenne - Congrès
Languages : en
Pages : 1
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Book Description
This book is devoted to the growing internationalisation of the legal disciplines from both a scholarly and an educational perspective. Its contributions were presented at a conference to celebrate the 20th anniversary of the Maastricht Faculty of Law. There, not only the state of the main legal disciplines from the perspective of the emerging common law of Europe was discussed, but also a debate was held about the way to teach the law to future generations of students. This book contains contributions of Daan Asser, Katharina Boele-Woelki, Sabine Gle2, Stefan Grundmann, Ton Hartlief, Aalt Willem Heringa, Ewoud Hondius, André Klip, Kalle Määttä, Hector L. McQueen, Ulrich Magnus, Dieter Martiny, Peter-Christian Müller-Graff, Knut Wolfgang Nörr, Remco van Rhee, Michael Rodi, Jan Smits, Stefan Ubachs, Luc Verhey, Ellen Vos, Pierre Widmer and Alain Wijffels.
Author: Johanna Henriïette Van Hedel
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 208
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Book Description
"We are witness today, within a context of an increasingly integrated European Union, to the making of a new common legal order which is that of the European Community. This new ius commune Europaeum will have to be based on legal foundations that can be adhered to by all member states. In this perspective, it is indispensable to investigate whether domestic legal systems of the member states are able to adopt legal concepts of other member states without undermining their cohesive natures. Only then will it be possible to build the emerging ius commune on a conceptual legal framework, which is not to be perceived as a Fremdkorper in the participating states. The present thesis analyzes how Quebec's civilian jurisdiction adopted the common law concepts of the trust and unconscionability, in order to answer the question whether, and if so how, European civil law jurisdictions may adopt common legal concepts and yet remain cohesive." --
Author: Jan Wouters
Publisher: Intersentia nv
ISBN: 9050951627
Category : Conflict of laws
Languages : en
Pages : 234
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Book Description
This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.
Author: Hugh Beale
Publisher: Bloomsbury Publishing
ISBN: 1509912576
Category : Law
Languages : en
Pages : 1515
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Book Description
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Author: Rafael Domingo
Publisher: Cambridge University Press
ISBN: 1139485946
Category : Law
Languages : en
Pages : 241
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Book Description
The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.
Author: John W. Cairns
Publisher: Edinburgh Studies in Law
ISBN: 9780748638970
Category : History
Languages : en
Pages : 0
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Book Description
This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe.
