Pratiques Contractuelles
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General Clauses And Standards In European Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
General Clauses And Standards In European Contract Law written by Stefan Grundmann 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 2006-01-01 with Law categories.
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
Land Tenure Journal 2016 01
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Author : Food and Agriculture Organization of the United Nations
language : en
Publisher: Food & Agriculture Org.
Release Date : 2018-10-08
Land Tenure Journal 2016 01 written by Food and Agriculture Organization of the United Nations and has been published by Food & Agriculture Org. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-08 with Social Science categories.
This issue of the Land Tenure Journal includes a geographically and technically diverse range of papers covering Europe, Africa, and Asia. They cover a variety of different situations where land tenure plays a key role in improving food security and reducing poverty: from land consolidation as an alternative to compulsory land acquisition in Germany; to rural land markets and land concentration in Romania; to the impact of secured land rights on crop productivity in Pakistan; to customary land associations and sustainability issues in Papua New Guinea; to addressing land conflicts in the Democratic Republic of the Congo (DRC) through a Green Negotiated Territorial Development approach.
Customary Law Today
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Author : Laurent Mayali
language : en
Publisher: Springer
Release Date : 2018-06-21
Customary Law Today written by Laurent Mayali and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-21 with Law categories.
This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.
Contractualisation Of Family Law Global Perspectives
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Author : Frederik Swennen
language : en
Publisher: Springer
Release Date : 2015-07-06
Contractualisation Of Family Law Global Perspectives written by Frederik Swennen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-07-06 with Law categories.
This volume presents global and comparative perspectives on the perpetual pendular movement of family law between status and contract. It contributes to the topical academic debate on ‘family law exceptionalism’ by exploring the blurred lines between public law, private law and family law, and sheds light on the many shades of grey that exist. The contributions focus on both substantive and procedural family law on parents and children and on life partners, with particular attention for contractual arrangements of family formations and of conflict resolution. The hypothesis underlying all contributions was the trend towards contractualisation of family law. A convergent research outcome resulting from the comparison of national reports was the ambivalent position of family law in legal systems worldwide. That comparison shows that, whereas family law is clearly moving towards contract with regard to old family formations, the contrary is true for new family formations. The movement towards contract is rarely considered to be contractualisation pur sang, with civil effect. The movement towards status, finally, does not necessarily witness ‘family law exceptionalism’ vis-à-vis private law, in view of the increasing State interventionism in private law relations in general. In sum, as the volume shows, the high permeability of the demarcations between the State, the family and the market impedes a categorial approach. This volume is based on the general and selected national reports on the topic “Contractualisation of Family Law” that were presented at the XIXth International Congress of Comparative Law in Vienna in July 2014.
Report Of The International Consultations On Partnership In The Water Sector For Cities In Africa
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Author : United Nations Centre for Human Settlements
language : en
Publisher: UN-HABITAT
Release Date : 1997
Report Of The International Consultations On Partnership In The Water Sector For Cities In Africa written by United Nations Centre for Human Settlements and has been published by UN-HABITAT this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Technology & Engineering categories.
Academie De Droit International Recueil Des Cours Collected Courses Of The Hague Academy Of International Law 1980
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1981-04-10
Academie De Droit International Recueil Des Cours Collected Courses Of The Hague Academy Of International Law 1980 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 1981-04-10 with Law categories.
The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision
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Author : Başak Başoğlu
language : en
Publisher: Springer
Release Date : 2016-02-25
The Effects Of Financial Crises On The Binding Force Of Contracts Renegotiation Rescission Or Revision written by Başak Başoğlu and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Law categories.
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Religion And Religious Institutions In The European Economy 1000 1800
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Author : Istituto internazionale di storia economica F. Datini. Settimana di studio
language : en
Publisher: Firenze University Press
Release Date : 2012
Religion And Religious Institutions In The European Economy 1000 1800 written by Istituto internazionale di storia economica F. Datini. Settimana di studio and has been published by Firenze University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Business & Economics categories.
The Long March Of French Universities
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Author : Christine Musselin
language : en
Publisher: Routledge
Release Date : 2013-02-01
The Long March Of French Universities written by Christine Musselin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-01 with Education categories.
The main point of this book is to argue that French universities experienced a quiet but important change during the last decade, which allowed them to become pertinent and more autonomous actors within the French university system.
New Developments In Civil And Commercial Mediation
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Author : Carlos Esplugues
language : en
Publisher: Springer
Release Date : 2015-09-11
New Developments In Civil And Commercial Mediation written by Carlos Esplugues and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-11 with Law categories.
By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.