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Author: Birke Häcker
Publisher: Bloomsbury Publishing
ISBN: 1782253653
Category : Law
Languages : en
Pages : 410
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Book Description
Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
Author: Birke Häcker
Publisher: Bloomsbury Publishing
ISBN: 1782253653
Category : Law
Languages : en
Pages : 410
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Book Description
Legal rules and principles do not exist in isolation, but form part of a system. In this structural comparison between English and German law, Birke Häcker explores the rules and principles governing impaired consent transfers of movable property and their reversal in two- and three-party situations. This book is a re-publication of a work first published by Mohr Siebeck in Germany.
Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847317898
Category : Law
Languages : en
Pages : 582
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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Author: Zhicheng WU
Publisher: BRILL
ISBN: 9004547932
Category : Law
Languages : en
Pages : 285
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Book Description
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 1849469512
Category : Law
Languages : en
Pages : 300
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Book Description
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
Author: Sinéad Agnew
Publisher: Bloomsbury Publishing
ISBN: 1509922725
Category : Law
Languages : en
Pages : 415
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Book Description
State pensions are the largest item in the UK social security budget, costing £96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was £90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another. This title is included in Bloomsbury Professional's Pensions Law online service.
Author: Jaakko Husa
Publisher: Bloomsbury Publishing
ISBN: 150996357X
Category : Law
Languages : en
Pages : 311
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Book Description
'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.
Author: Jan Jakob Bornheim
Publisher: Mohr Siebeck
ISBN: 3161591682
Category : Law
Languages : en
Pages : 592
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Book Description
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--
Author: George Letsas
Publisher: Current Legal Problems
ISBN: 0199602581
Category : Law
Languages : en
Pages : 695
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Book Description
This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
Author: Katy Barnett
Publisher: Cambridge University Press
ISBN: 1108404758
Category : Law
Languages : en
Pages : 671
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Book Description
The second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
Author: Elise Bant
Publisher: Cambridge University Press
ISBN: 1139491105
Category : Law
Languages : en
Pages :
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Book Description
Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.
