The Construction Sources And Implications Of Consensualism In Contract
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The Construction Sources And Implications Of Consensualism In Contract
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Author : Kane Abry
language : en
Publisher: Springer Nature
Release Date : 2023-09-28
The Construction Sources And Implications Of Consensualism In Contract written by Kane Abry and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-28 with Law categories.
This book offers a comprehensive introduction to French contract law with a focus on the role of consent and the evolution of consensualism, considering its immediate historical sources. The book provides a clear, in-depth, and analytical discussion of the contingency of consensualism and how the development of consensual ideas across time and transnational geographical settings has specifically underpinned modern French contract law, which has inspired other legal systems and continues to do so. It also challenges the macro-narratives of European legal history and redefines consensualism so that it may be properly understood, addressing its manifest contemporary misinterpretations. Thorough, engaging, well-structured and inventive, there is no other English-language scholarly work that offers a similar analysis. “This monograph makes an evident contribution to the field by offering an original interpretation of several provisions in the Code Civil which relate to the law of contract. The author demonstrates an impressive grasp of Latin, French and English sources as well as knowledge of Roman law, legal history, and contemporary French law. It is well-referenced and offers an extensive bibliography”. – Dr Stephen Bogle, Senior Lecturer in Private Law, University of Glasgow, UK “The author brings a critical perspective to bear throughout the monograph and develops a clear and quite sophisticated position on the interaction between consensualism and formalism in Roman and French law and the intervening European ius commune”. – Prof Hector MacQueen, Emeritus Professor of Private Law, University of Edinburgh, UK
Construction Sources And Implications Of Consensualism In Contract
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Author : Kane Raphael Sixte Louis Alistair Phillip Abry-Diaw De Baye
language : en
Publisher:
Release Date : 2022
Construction Sources And Implications Of Consensualism In Contract written by Kane Raphael Sixte Louis Alistair Phillip Abry-Diaw De Baye and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
Religion And Contract Law In Islam
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Author : Valentino Cattelan
language : en
Publisher: Taylor & Francis
Release Date : 2023-08-25
Religion And Contract Law In Islam written by Valentino Cattelan and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Business & Economics categories.
What is a contract in Islam? Is it an aspect of Muslim religion or of secular life? How much has it changed over the centuries? Undertaking a search that spans revelation, legal tradition, and the reality of the Muslim world, this book explores the Islamic contract (‘aqd in Arabic) as a ‘city’ at the crossroads of convergent paths of translation, comparison, and law in context. In particular, the book shows that only by re-orienting traditional categories of Western law-religion toward the East can an alternative path of discovery for the ‘aqd be advanced. Hence, through a fortuitous encounter with an Arab Girl, the reader will (re-)visit the Temple of Western modernity and explore a city ruled by Towers of dialectical forces, carrying a hermeneutical Ring that combines dialectics, Islamic studies, and media theory. This interdisciplinary approach will not only enrich our knowledge of the ‘aqd but also make it more understandable as a cultural and social construction to which both Muslims and non-Muslims have participated in forging its multiple representations. By inviting the readers ‘to know who they are’ while looking at her, the Arab Girl is already waiting for us to listen to the Islamic contract in a new way. By applying a distinctive law and religion approach to the study of the contract in Islam, the book provides a comprehensive exploration of a topic that is of interest to legal and economic comparatists as well as to readers in anthropology, Islamic and cultural studies, and it is also of topical meaning for today’s international lawyers and the operators of an increasingly multicultural and transnational market.
The New French Law Of Contract
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Author : Solène Rowan
language : en
Publisher: Oxford University Press
Release Date : 2022
The New French Law Of Contract written by Solène Rowan 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 2022 with Law categories.
The New French Law of Contract analyses new general principles of contract law in the reformed Code in a concise and illuminating way. By examining how the new articles affirm or depart from the provisions of the 1804 Code and pre-reform case law, it gives special attention to controversial changes and the debates that surround them.
The Paradox Of Consensualism In International Law
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Author : C.L. Lim
language : en
Publisher: BRILL
Release Date : 2024-01-15
The Paradox Of Consensualism In International Law written by C.L. Lim and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-15 with Law categories.
If international law is derived from the consent of States, who should be in a better position to say what has been consented to than the disputing States themselves? It seems that if the doctrine of consent is taken seriously, there would be no room for an 'objective' legal answer to the question `What is law?'. Furthermore, States do not necessarily employ the same criteria for determining the applicable law when engaged in dispute. And the doctrine of sovereignty is of very limited utility, since not all of substantive international law can be explained in terms of the atomic concept of sovereignty. This leaves consent as the mediating concept between the substantive doctrine of international law on the one hand and the actual practice of States (and others whose practice and participation in the global legal order help shape the body of international laws) on the other. Nevertheless, this is not to say that there is nothing `higher' than the actual legal claims forwarded by international actors. International law is no mere superstition, since none argue that there is no (one) legal solution. In that sense, the unity of the international legal order is preserved. The problem is that the solutions actually forwarded in dispute are too numerous and international law too abstract to serve as arbiters between the competing claims. Thus, at the level of substantive doctrine there is a fragmentation of that earlier-mentioned picture of unity. But even here, only consent can mediate between unity and fragmentation, stability and change, order and justice, legislation and revolution. The strength of international law lies in its adaptability to political, strategic and diplomatic necessities. To suggest otherwise is to depart from a picture of international law that presumes the empirical verifiability of international laws. This book has as its principal concern certain orthodoxies of `source thinking' in international law, and is aimed at working out the implications of these. It aims to show how certain theoretical conceptions have shaped the law in action, for good or ill. It will appeal to political theorists, diplomats, global decision-makers, and international lawyers who are interested in the question `What can we do with the international law that we have?', as distinct from the question `What should we do with international law?'.
Principles Of European Contract Law
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Author : Commission on European Contract Law
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01
Principles Of European Contract Law written by Commission on European Contract Law 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 2000-01-01 with Law categories.
This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
Beyond Consent
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Author : Relja Radović
language : en
Publisher: BRILL
Release Date : 2021-06-29
Beyond Consent written by Relja Radović and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-29 with Business & Economics categories.
Conventional wisdom in the theory and practice of investment treaty arbitration says that the jurisdiction of arbitral tribunals is regulated by party consent. In Beyond Consent: Revisiting Jurisdiction in Investment Treaty Arbitration, Relja Radović investigates the formation of another layer of jurisdictional regulation, which is developed by arbitral tribunals. The principle that the jurisdiction of arbitral tribunals is governed by party consent stems from the foundations of the international legal order. Against that background, Radović surveys case law and analyses the development of arbitrator-made jurisdictional rules, which complement those defined by disputing parties. He then argues in favour of recognising the regulatory function of arbitral tribunals in the jurisdictional structure of investment treaty arbitration.
Eu Law And Economics
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Author : Armin Steinbach
language : en
Publisher: Oxford University Press
Release Date : 2024-12-23
Eu Law And Economics written by Armin Steinbach 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 2024-12-23 with Law categories.
The intersection between law and economics is a dynamic field of research. Yet, European law has so far not been the subject of comprehensive, systematic economic analysis. Instead issues such as the European debt crisis, COVID-19 pandemic, and the climate emergency have largely escaped scholarly analysis through the nexus of EU law and economics. EU Law and Economics closes this gap, providing an overview of the application of economics to the institutional, procedural, and substantive aspects of European law. Drawing on various branches of the economic sciences - including rational choice and game theory, and institutional and behavioural economics - this book goes beyond conventional methods of EU legal scholarship to expand our understanding of EU law and its effects. This book devotes attention to EU Treaties and secondary law, as well as their adjudicative interpretation, while using economic theory to explain their core legal principles such as conferral, subsidiarity, and mutual recognition. Systematic and original, this book offers additional descriptive and normative metrics that expand our understanding of the decision-making behaviour of EU institutions and member states, while opening a new dialogue between two distinct disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to download from OUP and selected open access locations.
European Contract Law
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Author : Bénédicte Fauvarque-Cosson
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
European Contract Law written by Bénédicte Fauvarque-Cosson and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
The Investor State Dispute Settlement System
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Author : Alan M. Anderson
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-11-27
The Investor State Dispute Settlement System written by Alan M. Anderson 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 2020-11-27 with Law categories.
Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.