European Condominium Law

Author: Cornelius Van Der Merwe

Publisher: Cambridge University Press

ISBN: 1107093899

Category: Law

Page: 690

View: 6474

The first comprehensive comparative treatment in English of condominium (apartment ownership, commonhold) law in the 21 most important European jurisdictions.

The common core of European private law

Author: Mauro Bussani,Ugo Mattei

Publisher: Kluwer Law Intl

ISBN: 9789041118523

Category: Law

Page: 231

View: 5345

European private law is in the making. Many scholarly and official projects tackle the many issues that are open in the path of the unfolding of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are today in the landscape of European Private Law as the 'Common Core of European Private Law Project', launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of Contracts, Property and Torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.

Tenancy Law and Housing Policy in Europe

Towards Regulatory Equilibrium

Author: Christoph U. Schmid

Publisher: Edward Elgar Publishing

ISBN: 1788113985

Category: LAW

Page: 384

View: 7538

Tenancy law has developed in all EU member states for decades, or even centuries, but constitutes a widely blank space in comparative and European law. This book fills an important gap in the literature by considering the diverse and complex panorama of housing policies, markets and their legal regulation across Europe. Expert contributors argue that that while unification is neither politically desired nor opportune, a European recommendation of best practices including draft rules and default contracts implementing a regulatory equilibrium would be a rewarding step forward.

Modern Studies in Property Law -

Author: Nicholas Hopkins

Publisher: Bloomsbury Publishing

ISBN: 1782251804

Category: Law

Page: 502

View: 5000

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

Good Faith in European Contract Law

Author: Simon Whittaker

Publisher: Cambridge University Press

ISBN: 9780521771900

Category: Law

Page: 720

View: 6018

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

Transfer of Immovables in European Private Law

Author: Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi

Publisher: Cambridge University Press

ISBN: 1107187095

Category: Law

Page: 386

View: 5711

This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.

European Private Law

A Handbook

Author: Mauro Bussani,Franz Werro

Publisher: Carolina Academic Press

ISBN: 9781594605550

Category: Law

Page: 586

View: 6350

This book provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more.

Precontractual Liability in European Private Law

Author: John Cartwright,Martijn Hesselink

Publisher: Cambridge University Press

ISBN: 0521516013

Category: Law

Page: 509

View: 3831

This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

Causation in European Tort Law

Author: Marta Infantino,Eleni Zervogianni

Publisher: Cambridge University Press

ISBN: 1108418368

Category: Law

Page: N.A

View: 1106

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Unexpected Circumstances in European Contract Law

Author: Ewoud Hondius,Christoph Grigoleit

Publisher: Cambridge University Press

ISBN: 1139501151

Category: Law

Page: N.A

View: 4307

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.

Protection of Immovables in European Legal Systems

Author: Sonia Martin Santisteban,Sonia Martin,Peter Sparkes

Publisher: Cambridge University Press

ISBN: 1107121922

Category: Law

Page: 536

View: 5118

Comparative analysis of vindicatio, possessory remedies and trespass across sixteen European jurisdictions based on twelve straightforward factual cases.

Law and Economics of Possession

Author: Yun-chien Chang

Publisher: Cambridge University Press

ISBN: 1107083540

Category: Business & Economics

Page: 364

View: 8876

Analyses the concept of possession, including specific issues such as adverse possession.

Waves in Contract and Liability Law in Three Decades of Ius Commune

Author: Anne L. M. Keirse,Marco Loos

Publisher: Ius Commune Europaeum

ISBN: 9781780686028


Page: 220

View: 5202

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today. It examines whether similarities or divergences can be observed, and how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law, and the need to adjust the law in response to digitalisation and new technological, environmental, or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations, and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand, and on the concept of fairness and weaker-party protection on the other hand. (Series: Ius Commune Europaeum, Vol. 158) [Subject: Contract Law, European Law, Tort Law]

The Recovery of Non-Pecuniary Loss in European Contract Law

Author: Vernon V. Palmer

Publisher: Cambridge University Press

ISBN: 1316300684

Category: Law

Page: N.A

View: 2112

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.

Between Citizen and State

An Introduction to the Corporation

Author: David A. Westbrook

Publisher: Routledge

ISBN: 1317263278

Category: Social Science

Page: 242

View: 5905

Between Citizen and State is an intrepid and readable introduction to, and insightful commentary on, the role of the corporation in the modern world. Corporate actors have typical motivations, opportunities, temptations - they are characters, and their interactions follow familiar plotlines. Part I, Background, introduces the characters and their context. Part II, Internal Struggles, explains common conflicts in terms of well-known court cases. Part III, External Relations, examines relationships between the corporation, individuals, and the state.

Europe Entrapped

Author: Claus Offe

Publisher: John Wiley & Sons

ISBN: 0745687555

Category: Political Science

Page: 104

View: 2515

Today Europe finds itself in a crisis that casts a dark shadow over an entire generation. The seriousness of the crisis stems from one core political contradiction at the heart of the European project: namely, that what urgently needs to be done is also extremely unpopular and therefore virtually impossible to do democratically. What must be done - and almost everyone agrees in principle on the measures that would be needed to deal with the financial crisis - cannot be sold to the voting public of the core member states, which so far have been less affected by the crisis than those on the periphery, nor can the conditions that core members try to impose be easily sold to voters in the deficit countries. The European Union is therefore becoming increasingly disunited, with deepening divides between the German-dominated ‘core’ and the southern ‘periphery’, between the winners and the losers of the common currency, between the advocates of greater integration and the anti-Europeans, between the technocrats and the populists. Europe finds itself trapped by the deepening divisions that are opening up across the Continent, obstructing its ability to deal with a crisis that has already caused massive social suffering in the countries of the European periphery and is threatening to derail the very project of the European Union. In this short book, Claus Offe brings into sharp focus the central political problem that lies at the heart of the EU and shackles its ability to deal with the most serious crisis of its short history.

European Contract Law in the Digital Age

Author: Stefan Grundmann

Publisher: N.A

ISBN: 9781780684772


Page: 334

View: 4107

European Contract Law in the Digital Age offers an overview of the interactions between digital technologies and contract law and takes into account the two (late) 2015 EU Commission proposals on digital contracting and digital content. The book goes beyond these proposals and is grouped around the three pillars of an architecture of contract law in the digital age: the regulatory framework; digital interventions over the life-cycle of the contract; and digital objects of contracting. The discussion of the regulatory framework looks at the platforms used for digital contracting - such as Airbnb - which are particularly important instruments for the formation of digital contracts. In describing the life-cycle of the contract, this book shows how four key technologies (digital platforms, Big Data analytics, artificial intelligence, and blockchain) are being used at different stages of the contractual process, from the screening for contractual partners to formation, enforcement and interpretation. Furthermore, digitally facilitated contracting increasingly relates to digital content - for instance software or search engines - as the object of the contract but while this area has notably been shaped by the proposed Directive on Contracts for the Supply of Digital Content, this work shows that important questions remain unanswered. This book highlights how the digital dimension opens a new chapter in the concept of contracting, both questioning and revisiting many of its core concepts. It is a reliable resource on topical developments for everyone interested in digital technologies and contract law. (Series: European Contract Law and Theory, Vol. 3) [Subject: European Law, Contract Law, Digital Content Law]

Security Rights in Movable Property in European Private Law

Author: Eva-Maria Kieninger

Publisher: Cambridge University Press

ISBN: 9781139454759

Category: Law

Page: N.A

View: 1579

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Private Power, Public Law

The Globalization of Intellectual Property Rights

Author: Susan K. Sell

Publisher: Cambridge University Press

ISBN: 9780521525398

Category: Business & Economics

Page: 218

View: 5925

Analysis of the power of multinational corporations in moulding international law on intellectual property rights.

Eminent Domain

Author: Iljoong Kim,Hojun Lee,Ilya Somin

Publisher: Cambridge University Press

ISBN: 1107177294

Category: Law

Page: 322

View: 9660

A collection of essays that examines the use and abuse of eminent domain across the world.