Nomoskommentar Bgb
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Nomoskommentar Bgb
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Author : Barbara Dauner-Lieb
language : de
Publisher:
Release Date : 2003
Nomoskommentar Bgb written by Barbara Dauner-Lieb and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with categories.
Rome Regulations
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Author : Gralf-Peter Calliess
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-08-10
Rome Regulations written by Gralf-Peter Calliess and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-10 with Law categories.
The law applicable to contractual and non-contractual obligations in cross-border civil and commercial matters in the European Union (EU) is the remit of the so-called Rome I and II Regulations that entered into force in 2009, supplemented by the Rome III Regulation of 2012 dealing specifically with divorce and legal separation. This article-by-article commentary – now updated to its third edition – has become a cornerstone resource in handling European cases involving conflict of laws. The occasion for publishing a third edition is that several landmark judgments on the conflict of laws have been recently rendered both by the Court of Justice of the EU and by domestic courts. Moreover, with Brexit, one of the largest European states will enter into a new form of relationship with the EU, which will specifically impact the conflict of laws. The effects of these major developments are reflected throughout the new edition’s extensively revised article-by-article commentary. The commentary, authored by leading scholars of conflict of laws and drawing on a wide spectrum of case law and scholarship, highlights, among much else, such long-term implications of the Rome Regulations as the following: principles of interpretation; limiting the effects of forum shopping; limiting the trade-restricting effects of the fragmentation of national private laws; ensuring the free movement of persons; enhancement of legal certainty and predictability; and potential solutions for an agreement-based Brexit. It provides black letter law as represented by the jurisprudence of the Court of Justice of the EU and the Member State courts, as well as the latest academic opinion. In the current era of globalization, where communication, transaction, and migration across borders have transformed from exceptional to omnipresent phenomena, the pressing question is no longer if the state has to grant access to justice in international situations but how that right can be implemented effectively. To this end, renowned conflict of laws scholars analyse every provision of the Regulations in a systematic and thorough manner, making them accessible to a broad international legal audience. The result is an indispensable companion for academics, judges, lawyers, and legal professionals in their day-to-day work.
Essential Cases On Misconduct
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Author : Benedict Winiger
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2018-01-22
Essential Cases On Misconduct written by Benedict Winiger and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-22 with Law categories.
The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
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.
Concise Commentary On The Rome I Regulation
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Author : Franco Ferrari
language : en
Publisher: Cambridge University Press
Release Date : 2020-05-21
Concise Commentary On The Rome I Regulation written by Franco Ferrari 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 2020-05-21 with Law categories.
A succinct, dogmatically sound commentary to the most relevant EU instrument on international contracts.
Comparative Succession Law
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Author : Kenneth Reid
language : en
Publisher: OUP Oxford
Release Date : 2015-08-27
Comparative Succession Law written by Kenneth Reid and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Der K Nstlermanagementvertrag
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Author : Hans-Jürgen Homann
language : de
Publisher: Springer-Verlag
Release Date : 2013-05-24
Der K Nstlermanagementvertrag written by Hans-Jürgen Homann and has been published by Springer-Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-24 with Law categories.
Das Buch befasst sich mit der Vertragspraxis und den Rechtsfragen des Künstlermanagementvertrages im Musikbereich. Schwerpunkt des ersten Teils ist eine umfassende Vertragsanalyse der typischen Regelungen und Pflichtenprogramme zwischen Künstlern und Managern anhand von Praxis- und Musterverträgen. Im zweiten Teil wird die Rechtsnatur typischer Künstlermanagementverträge bestimmt und der Vertrag im System der Schuldverträge verortet. Anschließend werden im dritten Teil die wesentlichen Rechtsprobleme bei der Begründung, Durchführung und Beendigung von Künstlermanagementverträgen untersucht.
Law And Technology In A Global Digital Society
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Author : Georg Borges
language : en
Publisher: Springer Nature
Release Date : 2022-05-06
Law And Technology In A Global Digital Society written by Georg Borges and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-06 with Law categories.
This book examines central aspects of the new technologies and the legal questions raised by them from both an international and an inter-disciplinary perspective. The technology revolution and the global networking of IT systems pose enormous challenges for the law. Current areas of discussion relate to autonomous systems, big data and issues surrounding legal tech. Ensuring data protection and IT security as well as the creation of a legal framework for the new technology as a whole can only be achieved through international and inter-disciplinary co-operation. The team of authors is made up of experienced, internationally renowned experts as well as young researchers and professionals who give valuable insights from numerous different jurisdictions. This book is written for jurists and those responsible for technology in public authorities and companies as well as practising lawyers and researchers.
Trademark And Unfair Competition Conflicts
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Author : Tim W. Dornis
language : en
Publisher: Cambridge University Press
Release Date : 2017-02-23
Trademark And Unfair Competition Conflicts written by Tim W. Dornis 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 2017-02-23 with Law categories.
This book will be of interest for all jurists doing research and working practically in intellectual property law and international economic law. It should be an element of the base stock for every law school library and specialized law firm. This title is available as Open Access.
General Principles Of European Private International Law
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Author : Stefan Leible
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-02-22
General Principles Of European Private International Law written by Stefan Leible and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-22 with Law categories.
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general questions such an instrument should address, and what solutions such an instrument should provide. In analysing the possible emergence of general principles in European private international law over the past years, the contributors discuss such issues and factors as the following: – the relationship between conflict of laws and recognition; - the room for party autonomy; - the concept of habitual residence; - adaptation when interplay between different laws leads to deadlock; - public policy exceptions; - the desirability of a general escape clause; - the classic topics of characterisation, incidental question, and renvoi; and - right to appeal in case of errors in the application of foreign law. Practitioners dealing with these notoriously difficult cases will welcome this in-depth treatment of the issues, as will interested policymakers throughout the EU Member States and at the EU level itself. Scholars will discover an incomparable comparative analysis leading to expert recommendations in European private international law, opening the way to an effective European framework in this area.