The Politics Of The Draft Common Frame Of Reference
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The Politics Of The Draft Common Frame Of Reference
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Author : Alessandro Somma
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-06-22
The Politics Of The Draft Common Frame Of Reference written by Alessandro Somma 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 2009-06-22 with Law categories.
This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.
A Factual Assessment Of The Draft Common Frame Of Reference
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Author : Luisa Anatoniolli
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23
A Factual Assessment Of The Draft Common Frame Of Reference written by Luisa Anatoniolli 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 2010-12-23 with Law categories.
This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts
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Author : Marta Santos Silva
language : en
Publisher: Springer
Release Date : 2017-07-03
The Draft Common Frame Of Reference As A Toolbox For Domestic Courts written by Marta Santos Silva and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-03 with Law categories.
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
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.
The Common Frame Of Reference
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Author : Gerhard Wagner
language : en
Publisher: sellier. european law publ.
Release Date : 2009
The Common Frame Of Reference written by Gerhard Wagner and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
Recoge: Contract remedies from the incentive perspective. -- Remedies for breach of contract in the DCFR. -- Beyond expectation?- An assesment of the DCFR rule on contratual damages. -- The right to specific performance under the DCFR. -- Long-term contracts and the DCFR. Interpretation and adjustment. --Consumer law in the DCFR. -- Non-discrimination in the DCFR. -- The law of torts in the DCFR.
Principles Of European Insurance Contract Law Peicl
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Author : Project Group Restatement of European Insurance Contract Law
language : en
Publisher: sellier. european law publ.
Release Date : 2009
Principles Of European Insurance Contract Law Peicl written by Project Group Restatement of European Insurance Contract Law and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Family & Relationships categories.
In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.
The Cambridge Companion To Comparative Law
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Author : Mauro Bussani
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-16
The Cambridge Companion To Comparative Law written by Mauro Bussani 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 2012-08-16 with Law categories.
We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
National Legal Systems And Globalization
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Author : Pierre Larouche
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-11-27
National Legal Systems And Globalization written by Pierre Larouche 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 2012-11-27 with Law categories.
This book presents the results of research project financed by the Hague Institute for the Internationalization of Law (HiiL) and carried out at the Tilburg Law and Economics Center (TILEC) of Tilburg University. The project team shows that globalization, instead of threatening national legal systems, put them in a new role and gives them continuing relevance. First of all, once one takes a more functional view of the law, based on law and economics and comparative law literature, harmonization or unification of national legal systems is no longer a foregone conclusion. Secondly, fundamental constitutional principles continue to bear in the era of multi-level and transnational governance: they become governance principles, divorced from specific institutional settings. Finally, looking beyond regulatory competition and comparative law, legal emulation provides a rich and fruitful model to explain the interplay between legal systems. This book explores these three themes, both at a theoretical level and in the light of specific examples.
The Constitutional Foundations Of European Contract Law
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Author : Kathleen Gutman
language : en
Publisher: Oxford University Press, USA
Release Date : 2014-03
The Constitutional Foundations Of European Contract Law written by Kathleen Gutman and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Law categories.
Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
Interpretation Of Commercial Contracts In European Private Law
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Author : C. J. W. Baaij
language : en
Publisher:
Release Date : 2020
Interpretation Of Commercial Contracts In European Private Law written by C. J. W. Baaij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Commercial law categories.
This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.