A Factual Assessment Of The Draft Common Frame Of Reference
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A Factual Assessment Of The Draft Common Frame Of Reference
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Author : Luisa Anatoniolli
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
A Factual Assessment Of The Draft Common Frame Of Reference written by Luisa Anatoniolli and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.
This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts
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Author : Marta Santos Silva
language : en
Publisher: Springer
Release Date : 2017-07-03
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts written by Marta Santos Silva and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
The Legal Construction Of Personal Work Relations
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Author : Mark Freedland FBA
language : en
Publisher: OUP Oxford
Release Date : 2011-12-15
The Legal Construction Of Personal Work Relations written by Mark Freedland FBA and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Law categories.
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Nationalism And Private Law In Europe
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Author : Guido Comparato
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Nationalism And Private Law In Europe written by Guido Comparato and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.
The Common European Sales Law In Context
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Author : Gerhard Dannemann
language : en
Publisher: OUP Oxford
Release Date : 2013-03-21
The Common European Sales Law In Context written by Gerhard Dannemann and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
The Cambridge Companion To Comparative Law
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Author : Mauro Bussani
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-16
The Cambridge Companion To Comparative Law written by Mauro Bussani and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Law categories.
We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
Regulating Unfair Banking Practices In Europe
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Author : Stephen Weatherill
language : en
Publisher:
Release Date : 2010
Regulating Unfair Banking Practices In Europe written by Stephen Weatherill and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Private persons often stand surety for a business debt incurred by family members, friends, or employers. These suretyships are commonly banking guarantees contracted by means of standard terms. Sometimes the guarantor signs the contract while he/she is not aware of the financial risk related to the guarantee. He or she may not even know what a suretyship is. But in other circumstances the guarantor may be well aware of the risk, but may nonetheless assume it because of strong emotional ties which exist between him/her and the main debtor. How, then, (if at all) does the law address the potential for 'unfairness' in such situations? Some systems choose to rely on objective criteria, such as identification of a manifest disproportion between the guaranteed amount and the surety's income and assets, while others are more open to subjective inquiry. The key point is variation. Different jurisdictions in Europe operate different models with different priorities. This book provides a comparative overview of the remedies against unfair obligations of non-professional guarantors available in 22 EU Member States, based on a questionnaire which has been completed by an expert in each particular jurisdiction and covering both legal rules and the economic context of different credit markets and banking practices.
Language And Culture In Eu Law
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Author : Susan Šarčević
language : en
Publisher: Routledge
Release Date : 2016-03-09
Language And Culture In Eu Law written by Susan Šarčević and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Political Science categories.
Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
Political And Legal Perspectives Of The Eu Eastern Partnership Policy
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Author : Tanel Kerikmäe
language : en
Publisher: Springer
Release Date : 2016-01-23
Political And Legal Perspectives Of The Eu Eastern Partnership Policy written by Tanel Kerikmäe and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-23 with Law categories.
This book examines EU Eastern Partnership taking into account geopolitical challenges of EU integration. It highlights reasons for limited success, such as systematic conflict of EU External Action. In addition, the book analyses country-specific issues and discusses EaP influence on them, investigating political, economic and social factors, while seeking for potential solutions to existing problems. The reluctance of the Eastern countries to the European reforms should not reduce political pro-activeness of the EU. The authors suggest that EaP strategies should be reviewed to be more reciprocal and not based solely on the EU-laden agenda. This book is one of the good examples of cooperation between scholars not only from EaP and EU countries, but also from different disciplines, bringing diversity to the discussion process.
The Brics Lawyers Guide To Global Cooperation
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Author : Rostam J. Neuwirth
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-12
The Brics Lawyers Guide To Global Cooperation written by Rostam J. Neuwirth and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Business & Economics categories.
Explores the role of law in different areas of BRICS cooperation and the impact it can make on global governance.