Structures Of European Civil Codes

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Structures Of European Civil Codes
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Author : Ewelina Rogalska
language : en
Publisher: LIT Verlag Münster
Release Date :
Structures Of European Civil Codes written by Ewelina Rogalska and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
The study presents ways of structuring civil codes on the basis of selected codifications from Central and Eastern Europe since the end of 18th century until the modern times. In five chapters the author depicts the arrangement of an possible general part, of the law of obligations, of ius in re, of family law and the law of persons as well as of inheritance law. The focus of the study is searching the most commmon systematic patterns and the main differences between the socialist and bourgeois codifications.
The Scope And Structure Of Civil Codes
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Author : Julio César Rivera
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-04
The Scope And Structure Of Civil Codes written by Julio César Rivera and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-04 with Law categories.
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.
Structures Of European Civil Codes
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Author : Ewelina Rogalska
language : en
Publisher: LIT Verlag
Release Date : 2024-10-01
Structures Of European Civil Codes written by Ewelina Rogalska and has been published by LIT Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-10-01 with Political Science categories.
The study presents ways of structuring civil codes on the basis of selected codifications from Central and Eastern Europe since the end of 18th century until the modern times. In five chapters the author depicts the arrangement of an possible general part, of the law of obligations, of ius in re, of family law and the law of persons as well as of inheritance law. The focus of the study is searching the most commmon systematic patterns and the main differences between the socialist and bourgeois codifications.
The Structural Transformation Of European Private Law
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Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-06-15
The Structural Transformation Of European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-15 with Law categories.
This book proposes a new analysis of the transformation of Europe through integration, exactly 30 years after the beginning of transformation scholarship. It consists of a reconstruction of the development and present condition of European integration in relation to private ordering. Looking at the interface between, on the one hand, the EU constitutional order and, on the other hand, private ordering, the book recounts three major structural transformations over the last six decades. Delving into the private law areas most exposed to the current modernisation wave – consumer law, internal market, lex mercatoria, digitisation, artificial intelligence, data protection, standardised contracts, finance and political economy, and labour – the book critically explores a reconfiguration of Europe's constitutional structures relative to, and that results from, what to some appears to be an almost irresistible rise of private ordering through a transformed hermeneutics (balancing). This is a magisterial survey of European law, European private law, and comparative law seen through a pathbreaking comparative methodology labelled 'juridical comparative hermeneutics' within civil law systems and across the civil-common law divide, which offers innovative analytical tools that afford a deep understanding of the evolution of the disciplines.
The Politics Of A European Civil Code
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Author : Martijn Willem Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Politics Of A European Civil Code written by Martijn Willem Hesselink 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.
With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed, in part, as cases have arisen and been resolved. This book enables anyone interested in these procedures to know exactly the current state of the law. Only "Investment Disputes Under NAFTA" delivers: Article-by-Article explanations of the ins and outs of Chapter 11; a valuable collection of key case law that has been affected by Chapter 11; accurate and thorough cross-referencing to help you quickly and easily find all relevant material; and logical organization of all materials as well as a complete index and table of cases. This one-of-a-kind resource is practice based and user-friendly. It is the only product to collect the body of NAFTA jurisprudence. It also incorporates substantial references to decisions in other investment treaty cases, decisions by mixed claims commissions and other arbitral bodies, Iran-U.S. Claims Tribunal jurisprudence, and International Court of Justice decisions. Kluwer Law International's "Investment Disputes Under NAFTA" also contains charts presenting valuable information such as the arbitrators in each case, the rules under which the arbitrations have been conducted, and the remedies granted in each particular case
The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe
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Author : Martijn Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-10-16
The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe written by Martijn Hesselink 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 2002-10-16 with Law categories.
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Structures Of Civil And Procedural Law In
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Author : Tu?rul Ansay
language : en
Publisher: BWV Verlag
Release Date : 2011-01-01
Structures Of Civil And Procedural Law In written by Tu?rul Ansay and has been published by BWV Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Civil law categories.
HauptbeschreibungThis small book is a product of a seminar organised by the Koc University Law School, Dr. N©ơsret-Semahat Arsel Research Center of International Business Law and the Max Planck Institute for Comparative and International Private Law, Hamburg held in Istanbul on some legal issues of South Eastern European countries. Several scholars from five South Eastern European nations and Germany came together in March 2007 to discuss the basic legal structure on distribution of justice and contract law in their respective legal systems. The aim of the conference was the presentation and co.
The Transformation Of European Private Law
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Author : James Devenney
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-24
The Transformation Of European Private Law written by James Devenney 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 2013-10-24 with Law categories.
A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.
The Struggle For European Private Law
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Author : Leone Niglia
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-03-26
The Struggle For European Private Law written by Leone Niglia and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-26 with Law categories.
The European codification project has rapidly gathered pace since the turn of the century. This monograph considers the codification project in light of a series of broader analytical frameworks – comparative, historical and constitutional – which make modern codification phenomena intelligible. This new reading across fields renders the European codification project (currently being promoted through the Common Frame of Reference and the Optional Sales Law Code proposal) vulnerable to constitutionally-grounded criticism, traceable to normative considerations of private law authority and legitimacy. Arguing that modern codification phenomena are more complex than positivist, socio-legal and historical approaches have suggested over the past two centuries, the book stages a pathbreaking method of analysis of the law-discourse (nomos-centred) which questions at once the reduction of private law to legislation and of law to power and, on this basis, redefines the ways in which to counter law's disintegration and crisis in the context of Europeanisation. Professor Niglia reconstructs the European codification project as a complex structure of government-in-the-making that embodies a set of contingent world views, excludes alternatives, challenges the plurality of private laws and entrenches conflicts that pertain not only to form (codification, de-codification, recodification) but also to dilemmas implicated in determining the substantive orientation of European private law. The book investigates the position of the codifiers and their discontents in the shadow of the codification strategy pursued by the European Commission – noting a new turn in the struggle over the configuration of private law which has taken place since the Savigny-Thibaut dispute of 1814 which this book critically revisits exactly two centuries later. This monograph is particularly aimed at readers interested in exploring the complexities, and interconnections, of the supposedly separate realms of comparative law, European law, private law, legal history, constitutional law, sociology of law and, last but not least, legal theory and jurisprudence.
Elgar Encyclopedia Of Comparative Law Second Edition
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Author : J. M. Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Elgar Encyclopedia Of Comparative Law Second Edition written by J. M. Smits 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 2012-01-01 with Law categories.
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.