Common Law And Ius Commune
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Common Law And Ius Commune
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Author : David J. Ibbetson
language : en
Publisher:
Release Date : 2001
Common Law And Ius Commune written by David J. Ibbetson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
Selden Society Lecture delivered in the Old Hall of Lincoln's Inn, July 20th, 2000.
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 Common Legal Past Of Europe 1000 1800
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Author : Manlio Bellomo
language : en
Publisher: CUA Press
Release Date : 1995
The Common Legal Past Of Europe 1000 1800 written by Manlio Bellomo and has been published by CUA Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with History categories.
A broad history of the western European legal tradition. Bellomo discusses the great jurists who gave common law its intellectual vigor as well as the humanist jurists of the period.
Contract Law
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Author : Hugh Beale
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-11-09
Contract Law written by Hugh Beale and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-09 with Law categories.
This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
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.
Law Equity
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-10-31
Law Equity written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-31 with Law categories.
Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.
Contract Law
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Author : Denis Tallon
language : en
Publisher: Hart Publishing
Release Date : 2002
Contract Law written by Denis Tallon and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Law categories.
This is the second book in the Casebooks for the Common Law of Europe' series,developed for use throughout Europe and aimed at those who teach, learn or practice law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. Contract Law contains the basic texts and contrasting cases as well as extracts from the various international restatements (Vienna Sales Convention, UNIDROIT, Principles of European Contract Law and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include- General; Formation; Validity; Interpretation and Contents; Supervening Events; Remedies; Third Parties; The Tort/Contract Divide; Causation; Remedies; Fault and Unlawfulness; Liability for Others; Liability not based on fault as well as defences.
Cases Materials And Text On Property Law
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Author : Sjef van Erp
language : en
Publisher: Hart Publishing
Release Date : 2012-07-23
Cases Materials And Text On Property Law written by Sjef van Erp and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-07-23 with Law categories.
This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
Cases Materials And Texts On Unjustified Enrichment
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Author : Jack Beatson
language : en
Publisher: Hart Publishing
Release Date : 2003-06-30
Cases Materials And Texts On Unjustified Enrichment written by Jack Beatson and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-06-30 with Law categories.
The casebook contains excerpts from legal commentaries, leading cases and legislation from the main legal traditions in Europe and beyond.
The Making Of European Private Law
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Author : J. M. Smits
language : en
Publisher: Intersentia nv
Release Date : 2002
The Making Of European Private Law written by J. M. Smits and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Civil law categories.
The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.