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Author: Vincenzo Roppo
Publisher: Giuffrè Editore
ISBN: 9788814126246
Category : Contracts
Languages : it
Pages : 1152
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Book Description
Author: Vincenzo Roppo
Publisher: Giuffrè Editore
ISBN: 9788814126246
Category : Contracts
Languages : it
Pages : 1152
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Book Description
Author: Benedict Winiger
Publisher: Walter de Gruyter
ISBN: 3110248492
Category : Law
Languages : en
Pages : 1218
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Book Description
The increasing Europeanisation of the law of delict/torts has produced textbooks, casebooks, monographs, and also sets of model rules of a genuinely European character. A major gap still existing today relates to the experiences gathered in the national legal systems over the past decades. The present work attempts to fill this gap for one key element of tort law: the notion of damage. It thus does what the previous volume in the ‘Digest of European Tort Law’ series did for another key element, ie natural causation. Once again, the publication contains a selection of the most important cases decided in 26 states across Europe as well as by the European Court of Justice. For each case the facts and the relevant court decision are presented, and the decision is analysed within the wider context of the development of the respective legal system. In addition, the editors provide comparative analyses of the case law reported in this volume concerning all the specific problems raised under the heading of damage. The publication also looks into how key cases would be resolved under the European model rules drafted in the field of tort law; and it also highlights cases from earlier periods of legal history. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation, and the modern model rules.
Author: Maren Heidemann
Publisher: Springer Nature
ISBN: 3031284976
Category :
Languages : en
Pages : 1099
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Book Description
Author: Başak Başoğlu
Publisher: Springer
ISBN: 331927256X
Category : Law
Languages : en
Pages : 340
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Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Author: Guido Calabresi
Publisher: Yale University Press
ISBN: 0300216262
Category : Law
Languages : en
Pages : 248
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Book Description
In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Author: Vernon V. Palmer
Publisher: Cambridge University Press
ISBN: 1316300684
Category : Law
Languages : en
Pages : 535
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Book Description
This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.
Author: Leo Strauss
Publisher: University of Chicago Press
ISBN: 022603352X
Category : Philosophy
Languages : en
Pages : 359
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Book Description
On Tyranny is Leo Strauss’s classic reading of Xenophon’s dialogue Hiero, or Tyrannicus, in which the tyrant Hiero and the poet Simonides discuss the advantages and disadvantages of exercising tyranny. Included are a translation of the dialogue from its original Greek, a critique of Strauss’s commentary by the French philosopher Alexandre Kojève, and the complete correspondence between the two. This revised and expanded edition introduces important corrections throughout and expands Strauss’s restatement of his position in light of Kojève’s commentary to bring it into conformity with the text as it was originally published in France.
Author: Gert Straetmans
Publisher: Springer Nature
ISBN: 3030180549
Category : Law
Languages : en
Pages : 565
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Book Description
This book focuses on recent developments in consumer law, specifically addressing mandatory disclosures and the topical problem of information overload. It provides a comparative analysis based on national reports from countries with common law and civil law traditions in Asia, America and Europe, and presents the reports in the form of chapters that have been drafted on the basis of a questionnaire, and which use the same structure as the questionnaire to allow them to be easily compared. The book starts with an analysis of the basic assumptions underlying the current consumer protection models and examines whether and how consumer models adapt to the new market conditions. The second part addresses the information obligations themselves, first highlighting the differences in the reported countries before narrowing the analysis down to countries with a general pre-contractual information duty, particularly the transparency requirements that often come with such a duty. The next part examines recent developments in the law on food labelling, commercial practices and unfair contract terms in order to identify whether similar traits can be found in European and non-European jurisdictions. The fourth part of the book focuses on specific information obligations in the financial services and e-commerce sectors, discussing the fact that legislators are experimenting with different forms of summary disclosures in these sectors. The final part provides a critical appraisal of the recent developments in consumer information obligations, addressing the question of whether the multiple criticisms from behavioural sciences necessitate abandonment or refinement of current consumer information models in favour of new, more adequate forms of consumer protection, and providing suggestions.
Author: Maria Chiara Scappaticcio
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110688662
Category : Foreign Language Study
Languages : en
Pages : 434
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Book Description
The refreshed insights into early-imperial Roman historiography this book offers are linked to a recent discovery. In the spring of 2014, the binders of the archive of Robert Marichal were dusted off by the ERC funded project PLATINUM (ERC-StG 2014 n°636983) in response to Tiziano Dorandi’s recollections of a series of unpublished notes on Latin texts on papyrus. Among these was an in-progress edition of the Latin rolls from Herculaneum, together with Marichal’s intuition that one of them had to be ascribed to a certain ‘Annaeus Seneca’. PLATINUM followed the unpublished intuition by Robert Marichal as one path of investigation in its own research and work. Working on the Latin P.Herc. 1067 led to confirm Marichal’s intuitions and to go beyond it: P.Herc. 1067 is the only extant direct witness to Seneca the Elder’s Historiae. Bringing a new and important chapter of Latin literature arise out of a charred papyrus is significant. The present volume is made up of two complementary sections, each of which contains seven contributions. They are in close dialogue with each other, as looking at the same literary matter from several points of view yields undeniable advantages and represents an innovative and fruitful step in Latin literary criticism. These two sections express the two different but interlinked axes along which the contributions were developed. On one side, the focus is on the starting point of the debate, namely the discovery of the papyrus roll transmitting the Historiae of Seneca the Elder and how such a discovery can be integrated with prior knowledge about this historiographical work. On the other side, there is a broader view on early-imperial Roman historiography, to which the new perspectives opened by the rediscovery of Seneca the Elder’s Historiae greatly contribute.
Author: Pierpaolo Marano
Publisher: Springer Nature
ISBN: 3030311988
Category : Law
Languages : en
Pages : 714
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Book Description
This Volume of the AIDA Europe Research Series on Insurance Law and Regulation focuses on transparency as the guiding principle of modern insurance law. It consists of chapters written by leaders in the respective field, who address transparency in a range of civil and common law jurisdictions, along with overview chapters. Each chapter reviews the transparency principles applicable in the jurisdiction discussed. Whether expressly or impliedly, all jurisdictions recognize a duty on the part of the insured to make a fair presentation of the risk when submitting a proposal for cover to the insurers, although there is little consensus on the scope of that duty. Disputed matters in this regard include: whether it is satisfied by honest answers to express questions, or whether there is a spontaneous duty of disclosure; whether facts relating to the insured’s character, as opposed to the nature of the risk itself, are to be presented to the insurers; the role of insurance intermediaries in the placement process; and the remedy for breach of duty. Transparency is, however, a much wider concept. Potential policyholders are in principle entitled to be made aware of the key terms of coverage and to be warned of hidden traps (such as conditions precedent, average clauses and excess provisions), but there are a range of different approaches. Some jurisdictions have adopted a “soft law” approach, using codes of practice for pre-contract disclosure, while other jurisdictions employ the rather nebulous duty of (utmost) good faith. Leaving aside placement, transparency is also demanded after the policy has been incepted. The insured is required to be transparent during the claims process. There is less consistency in national legislation regarding the implementation of transparency by insurers in the context of handling claims.
