Author:
Publisher:
ISBN:
Category : Contracts
Languages : it
Pages : 570

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Author: C. Massimo Bianca
Publisher:
ISBN:
Category : Contracts
Languages : it
Pages : 362

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Author: Luisa Antoniolli
Publisher: Kluwer Law International B.V.
ISBN: 9041123725
Category : Law
Languages : en
Pages : 522

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Book Description
To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

Author: Ross Cranston
Publisher: Taylor & Francis
ISBN: 1000288013
Category : Law
Languages : en
Pages : 334

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This text presents a practical analysis of the private law of banking transactions. Rooted in contract, the banker-customer relationship is overlaid with a range of rights and obligations having their derivation in tort, delict, notions of equity, good faith and statute. The book looks at some questions that arise within the banker-customer relationship in various European jurisdictions. What are the nature and consequences of the banker-customer relationship? Is there a duty on banks to advise customers and others about particular dealings and what liability arises if any advice given is wrong? What security can a bank take to protect itself as lender?

Author: Paolisa Nebbia
Publisher: Bloomsbury Publishing
ISBN: 1847313485
Category : Law
Languages : en
Pages : 246

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The book examines Directive 93/13 on Unfair Terms in Consumer Contracts and its implementation with a twofold aim: first, to understand the extent to which the Directive has influenced and will influence fundamental notions and principles of contract law in the domestic legal systems of the Member States; second, it examines the extent to which the domestic legal traditions of the Member States have influenced the process of drafting of the Directive and, more importantly, will affect the way that the Directive is interpreted and applied in national courts. The focus is mainly on English law (including the 2005 Unfair Terms in Contracts Bill) and on Italian law, but frequent references are made to the French and the German systems. At the same time, the book has a broader, more 'European' concern, in that it aims to distill from the existing Community acquis and from the history and rationale of Directive 93/13 notions and concepts that could guide its interpretation. It is well known that Community law uses terminology which is peculiar to it, and that legal concepts do not necessarily have the same meaning in EC law and in the law of the various Member States: every provision of Community law must be placed in its context and interpreted in the light of its own objectives and rationale, and of the objectives and rationale of Community law as a whole. In this respect, this book aims to identify the contours and features of the emerging European legal tradition, and to assess the impact that this may have on the domestic traditions.

Author: Giovanni Criscuoli
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 252

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Author: Leone Niglia
Publisher: Bloomsbury Publishing
ISBN: 1782253114
Category : Law
Languages : en
Pages : 326

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The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.

Author: Renzo Pravisano
Publisher: IPSOA
ISBN: 8821733912
Category : Business & Economics
Languages : en
Pages : 647

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Book Description
Il volume esamina tutta la documentazione che le aziende devono emettere per gli scambi con i Paesi terzi, per adeguarsi in materia contabile-amministrativo alla normativa commerciale, fiscale, doganale e valutaria. I rapporti economici con l'estero, che prevedono scambio di beni, richiedono l'espletamento di particolari formalità doganali con la predisposizione di una documentazione completa e corretta. Si tratta, in particolare, di documentazione: - commerciale - di trasporto e spedizione internazionale - contabile - doganale; - finanziaria e valutaria - di varia natura: sanitaria, crediti documentari, di conformità, ecc. Nel manuale si prende in esame la documentazione per il trasporto dei beni tenendo conto sia delle procedure amministrative e doganali sia di quelle contabili e fiscali, in modo da offrire al lettore un insieme coordinato di nozioni utili per un corretto adempimento a tutte le formalità documentali. In questa seconda edizione il volume è stato completamente rivisto al fine di procedere ad un suo aggiornamento in considerazione dell'evoluzione della normativa regolante la documentazione internazionale. Si è ritenuto opportuno introdurre una nuova parte relativa ai controlli doganali sui documenti al fine di approfondire i controlli che le imprese debbono effettuare sulla documentazione emessa e ricevuta, e porre quindi in essere i dovuti rimedi, instaurando le procedure di revisione previste dalla legislazione vigente. STRUTTURA DEL VOLUME Parte I: La documentazione commerciale e di trasporto Cap. 1: Documentazione commerciale: fonti normative Cap. 2: I Documenti di trasporto Internazionale Cap. 3: Termini di resa nel commercio Internazionale Parte II: I documenti del commercio internazionale emessi dalle CCIAA Cap. 4: Il codice meccanografico Cap. 5: Il Carte ATA Cap. 6: Il Carnet TIR Cap. 7: Origine commerciale e non preferenziale dei beni Cap. 8: Altri documenti doganali Parte III: I documenti doganali: Aspetti operativi Cap. 9: Origine preferenziale dei beni Cap. 10: La bolletta doganale DAU Cap. 11: Altri documenti doganali Parte IV: I controlli sui documenti doganali Cap. 12: Il servizio telematico doganale ed i codici identificativi Cap. 13:Le figure giuridiche degli operatori economici e degli operatori economici autorizzati Cap. 14: La figura giuridica dello spedizioniere doganale

Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508016
Category : Law
Languages : en
Pages : 3650

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The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Author: Giorgio Righetti
Publisher: Giuffrè Editore
ISBN: 8814137862
Category : Law
Languages : en
Pages : 4409

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