Alternative Ways To Ius Commune
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Alternative Ways To Ius Commune
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Author : Marco Loos
language : en
Publisher:
Release Date : 2012
Alternative Ways To Ius Commune written by Marco Loos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Civil law categories.
In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. The book represents the most important developments in this area of European private law. Contents include: approaching the CRD from an historical and a competition law perspective * an argument that the way the CESL is drafted endangers its chances of being applied in practice * matters regarding the remedies for non-conformity under the CESL * the development of European private law, from the 1975 Consumer Policy Program to the CRD and the CESL * the relationship between private law, global governance, and the European Union * the harmonization of European matrimonial property law. (Series: Ius Commune Europaeum - Vol. 105)
Civil Justice Between Efficiency And Quality
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Author : C. H. van Rhee
language : en
Publisher:
Release Date : 2008
Civil Justice Between Efficiency And Quality written by C. H. van Rhee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Civil law categories.
For a long time, civil justice was considered to be a purely national, conservative, and slow-changing topic. The texts collected in this book supply proof that this is no longer the case. These papers discuss civil justice from a European angle, concentrating on the age-old dichotomy between quality and efficiency. One of the developments that has triggered civil justice to become an international discipline is the establishment of the European Commission for the Efficiency of Justice - better known by the acronym of its French name, the CEPEJ - on September 18, 2002 by the Council of Europe. The mandate of the CEPEJ is to analyze the results of the various judicial systems of the Member States of the Council of Europe, to identify the difficulties these systems encounter, to develop concrete ways to improve them, and to evaluate the functioning of these systems. Various papers in this volume address the CEPEJ and its work, as well as other issues of civil procedure in Europe, such as legal aid, alternative dispute resolution, and the influence of European developments on the reform of national civil justice systems. Consequently, the book provides an overview of the most recent ideas and developments in the field of civil justice. These ideas and developments show that although the values of the old tradition of European ius commune are still alive, they have been modified and expanded to such an extent that the organization of efficient civil justice systems has become a feasible option for national legislatures.
Creation Of The Ius Commune
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Author : John W. Cairns
language : en
Publisher: Edinburgh University Press
Release Date : 2010-07-30
Creation Of The Ius Commune written by John W. Cairns and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-30 with Law categories.
This book discusses in detail how medieval scholars reacted to the casuistic discussions in the inherited Roman texts, particularly the Digest of Justinian. It shows how they developed medieval Roman law into a system of rules that formed a universal common law for Western Europe. Because there has been little research published in English beyond grand narratives on the history of law in Europe, this book fills an important gap in the literature.With a focus on how the medieval Roman lawyers systematised the Roman sources through detailed discussions of specific areas of law.
The Ius Commune In England
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Author : R. H. Helmholz
language : en
Publisher: Oxford University Press
Release Date : 2001-08-16
The Ius Commune In England written by R. H. Helmholz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-08-16 with Law categories.
This study addresses the ius commune's relation to and influence on English law. Helmholz aims to fill in some of the gaps in scholarship on the common legal past of Western law, the history of the Roman and canon laws, the history of the ecclesiastical courts, parallels between the ius commune and English common law, and English church history.
Stateless Law
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Author : Helge Dedek
language : en
Publisher: Routledge
Release Date : 2016-03-03
Stateless Law written by Helge Dedek and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-03 with Law categories.
This volume offers a critical analysis and illustration of the challenges and promises of ’stateless’ law thought, pedagogy and approaches to governance - that is, understanding and conceptualizing law in a post-national condition. From common, civil and international law perspectives, the collection focuses on the definition and role of law as an academic discipline, and hybridity in the practice and production of law. With contributions by a diverse and international group of scholars, the collection includes fourteen chapters written in English and three in French. Confronting the ’transnational challenge’ posed to the traditional theoretical and institutional structures that underlie the teaching and study of law in the university, the seventeen authors of Stateless Law: Evolving Boundaries of a Discipline bring new insight to the ongoing and crucial conversation about the future shape of legal scholarship, education and practice that is emblematic of the early twenty-first century. This collection is essential reading for academics, institutions and others involved in determining the future roles, responsibilities and education of jurists, as well as for academics interested in Law, Sociology, Political Science and Education.
Research Handbook On Eu Consumer And Contract Law
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Author : Christian Twigg-Flesner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2016-09-30
Research Handbook On Eu Consumer And Contract Law written by Christian Twigg-Flesner and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-09-30 with Law categories.
Research Handbook on EU Consumer and Contract Law takes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. The Handbook is divided into three parts:
The Transformative Power Of Europe
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Author : Ireneusz Pawel Karolewski
language : en
Publisher: Nomos Verlag
Release Date : 2015-10-14
The Transformative Power Of Europe written by Ireneusz Pawel Karolewski and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-14 with Political Science categories.
Das Buch behandelt die Einwirkung der EU auf den polnischen Staat seit dem polnischen EU-Beitritt. Autoren aus Rechts- und Politikwissenschaften analysieren EU-induzierte Transformationsprozesse, die im Rechtssystem Polens, dem Parteiensystem sowie mehreren Politikfeldern stattfanden. Untersucht werden unter anderem Änderungsprozesse in der polnischen Gerichtsbarkeit, der Interessenvertretung und in den Parteien sowie in mehreren Politikfeldern wie z.B. der Antiterrorpolitik, Klimapolitik, Außenpolitik und Gleichstellungspolitik. Mit Beiträgen von: Ireneusz P. Karolewski, Monika Sus, Robert Grzeszczak, Stanislaw Konopacki, Jolanta Maj, Anna Bachmann, Anna Paczesnika, Agnieszka K. Cianciara, Ewa Wójtowicz, Andzej Ceglarz, Andrzej Ancygier.
Waves In Contract And Liability Law In Three Decades Of Ius Commune
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Author : Anne L. M. Keirse
language : en
Publisher:
Release Date : 2017
Waves In Contract And Liability Law In Three Decades Of Ius Commune written by Anne L. M. Keirse and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Contracts categories.
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]
Time Limited Interests In Land
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Author : Cornelius Van Der Merwe
language : en
Publisher: Cambridge University Press
Release Date : 2012-06-28
Time Limited Interests In Land written by Cornelius Van Der Merwe 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 2012-06-28 with Law categories.
A comprehensive comparative treatment of six instances of time-limited interests in land as encountered in fourteen European jurisdictions. The survey explores the commercial or social origins of each legal institution concerned and highlights their enforceability against third parties, their content and their role in land development. The commercial purpose of residential and agricultural leases is contrasted with the social aim of personal servitudes (and its common-law equivalent liferent) to provide sustenance for life to mostly family members making the latter an important estate planning device. Whereas the ingrained principles of leases and personal servitudes restrain the full exploitation of land, it is indicated that public authorities and private capital could combine to turn the old-fashioned time-limited institutions of hereditary building lease (superficies) and hereditary land lease (emphyteusis) into pivotal devices in alleviating the acute shortage of social housing and in promoting the fullest exploitation of pristine agricultural land.
Money In The Western Legal Tradition
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Author : David Fox
language : en
Publisher: Oxford University Press
Release Date : 2016-01-28
Money In The Western Legal Tradition written by David Fox and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-28 with Law categories.
Monetary law is essential to the functioning of private transactions and international dealings by the state: nearly every legal transaction has a monetary aspect. Money in the Western Legal Tradition presents the first comprehensive analysis of Western monetary law, covering the civil law and Anglo-American common law legal systems from the High Middle Ages up to the middle of the 20th century. Weaving a detailed tapestry of the changing concepts of money and private transactions throughout the ages, the contributors investigate the special contribution made by legal scholars and practitioners to our understanding of money and the laws that govern it. Divided in five parts, the book begins with the coin currency of the Middle Ages, moving through the invention of nominalism in the early modern period to cashless payment and the rise of the banking system and paper money, then charting the progression to fiat money in the modern era. Each part commences with an overview of the monetary environment for the historical period written by an economic historian or numismatist. These are followed by chapters describing the legal doctrines of each period in civil and common law. Each section contains examples of contemporary litigation or statute law which engages with the distinctive issues affecting the monetary law of the period. This interdisciplinary approach reveals the distinctive conception of money prevalent in each period, which either facilitated or hampered the implementation of economic policy and the operation of private transactions.