The Interconnection Of The Eu Regulations Brussels I Recast And Rome I
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The Interconnection Of The Eu Regulations Brussels I Recast And Rome I
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Author : Christoph Schmon
language : en
Publisher: Springer Nature
Release Date : 2020-03-17
The Interconnection Of The Eu Regulations Brussels I Recast And Rome I written by Christoph Schmon and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-17 with Law categories.
This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations’ systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.
Diversity Of Enforcement Titles In The Eu
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Author : Vesna Rijavec
language : en
Publisher: Springer Nature
Release Date : 2023-12-30
Diversity Of Enforcement Titles In The Eu written by Vesna Rijavec and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-30 with Law categories.
This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first somegeneral considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.
The Brussels I Bis Regulation
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Author : Vesna Lazic Lazić
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
The Brussels I Bis Regulation written by Vesna Lazic Lazić 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 2023-08-14 with Law categories.
The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Legal Agreements On Smart Contract Platforms In European Systems Of Private Law
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Author : Jasper Verstappen
language : en
Publisher: Springer Nature
Release Date : 2023-06-23
Legal Agreements On Smart Contract Platforms In European Systems Of Private Law written by Jasper Verstappen and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-06-23 with Law categories.
Blockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Transnational Commercial Disputes In An Age Of Anti Globalism And Pandemic
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Author : Sundaresh Menon
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-01-12
Transnational Commercial Disputes In An Age Of Anti Globalism And Pandemic written by Sundaresh Menon and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-12 with Law categories.
In this book, senior judges and academics at the forefront of transnational commercial law in Asia, Australia, Europe, the US, and elsewhere, reflect on the implications of anti-globalism and the COVID-19 pandemic on international commercial dispute resolution (ICDR). The chapters consider: (1) What types of cross-border commercial disputes will arise in the future and what resources will be needed to respond to them in a cost-effective, time-efficient, and equitable manner? (2) Is there still merit in a multilateral approach to transnational commercial law and ICDR, despite the closing of borders, the rise of protectionism, and the disruption of global supply chains? (3) What reforms and innovations should courts, arbitrators, and mediators contemplate when navigating the post-pandemic landscape? (4) Can the accelerated use of remote technology in ICDR (as prompted by the pandemic) be leveraged to enhance access to justice for all? With a focus on the current crisis in globalism, as well as the associated problems of ensuring justice and fairness in the resolution of cross-border commercial and investment-state disputes along the Belt-and-Road and elsewhere, the book will be an invaluable resource for academics, judges and practitioners alike.
Reneual Model Rules On Eu Administrative Procedure
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Author : Paul Craig
language : en
Publisher: Oxford University Press
Release Date : 2017
Reneual Model Rules On Eu Administrative Procedure written by Paul Craig 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 2017 with Law categories.
This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.
Between Compliance And Particularism
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Author : Marton Varju
language : en
Publisher: Springer
Release Date : 2019-02-08
Between Compliance And Particularism written by Marton Varju and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-08 with Law categories.
The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.
Regulating And Supervising European Financial Markets
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Author : Mads Andenas
language : en
Publisher: Springer
Release Date : 2016-08-16
Regulating And Supervising European Financial Markets written by Mads Andenas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-16 with Law categories.
The book analyses the institutions of the European financial market supervision and the challenges of financial markets. The current European supervisory structure for financial markets represents a major development in European supervisory history. Its operation however has to be explored and analysed critically. Has it gone far enough to provide a sufficiently comprehensive and resilient system to reduce or mitigate systemic risks and handle financial crises? Some claim it has gone too far already. Fresh and rigorous critical legal and economic analysis from an independent scholarly perspective are needed to assess whether the institutional design of the European supervisory architecture has proved itself to be an efficient and effective model. This book discusses many dimensions of the structure and workings of the European system from various angles providing different dimensions. The book makes an important contribution to the limited literature on financial market supervision.
An Introduction To Online Platforms And Their Role In The Digital Transformation
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Author : OECD
language : en
Publisher: OECD Publishing
Release Date : 2019-05-13
An Introduction To Online Platforms And Their Role In The Digital Transformation written by OECD and has been published by OECD Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-13 with categories.
This report contains detailed profiles of twelve of the world’s leading platform companies and derives insights from those profiles about what platforms actually do, how they do it, and why they succeed financially.
Connectivity Wars
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Author : Mark Leonard
language : en
Publisher:
Release Date : 2017-09
Connectivity Wars written by Mark Leonard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09 with Economic development categories.