Verbraucherstreitbeilegung Aktuelle Perspektiven F R Die Umsetzung Der Adr Richtlinie
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Verbraucherstreitbeilegung Aktuelle Perspektiven F R Die Umsetzung Der Adr Richtlinie
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Author : Prof. Dr. Christoph Althammer
language : de
Publisher: Wolfgang Metzner Verlag
Release Date : 2015-04-01
Verbraucherstreitbeilegung Aktuelle Perspektiven F R Die Umsetzung Der Adr Richtlinie written by Prof. Dr. Christoph Althammer and has been published by Wolfgang Metzner Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-04-01 with Law categories.
Im Rahmen des zweiten Kolloquiums des "Forums für Forschung und Wissenschaft zu Mediation und außergerichtlicher Konfliktlösung" wurde im November 2014 an der Universität Freiburg der Referentenentwurf des Bundesministeriums der Justiz und für Verbraucherschutz zur Umsetzung der EU-Richtlinie über alternative Streitbeilegung in Verbraucherangelegenheiten erstmals vorgestellt und von namhaften Experten aus Wissenschaft und Praxis diskutiert.
The Transformation Of Europe
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Author : Miguel Poiares Maduro
language : en
Publisher: Cambridge University Press
Release Date : 2017-09-28
The Transformation Of Europe written by Miguel Poiares Maduro 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 2017-09-28 with Law categories.
This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.
Primary Eu Law And Private Law Concepts
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Author : Hans-W. Micklitz
language : en
Publisher:
Release Date : 2017
Primary Eu Law And Private Law Concepts written by Hans-W. Micklitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Civil law categories.
This volume focuses on the interplay between, and influence exerted on, approaches and legal concepts of private law-including property rights law-by primary EU law, particularly with internal market law. The European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. This project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It gives ground-breaking analyses of private law concepts (the person, property, contract and tort, and remedies) which are used, created, or adjusted by the Court. Each analysis is a result of obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court's case law, disconnected from national meanings of such concepts. The analysis takes as its starting point the case before continuing on to the concept, not the other way around; the cases and the facts behind the cases are the starting point. Preconceptions based on national private law systems are avoided. In addition to an introductory chapter offering broader contextual information, this volume is built around contributions covering: i) the free movement of goods (Articles 34 and 35 TFEU) and services (Article 56 TFEU); ii) the free movement of capital (Article 62 TFEU) and the freedom of establishment (Article 49 TFEU); iii) competition law (Articles 101 and 102 TFEU); iv) State aid law (Articles 107 and 108 TFEU); and v) intellectual property law. The contributions and possible conclusions were extensively discussed in two workshops held at the EUI in Florence in 2013 and at the University of Nijmegen in 2014. The editors would like to thank A. Hartkamp and the late N. Reich, who encouraged and accompanied the project with their enthusiasm and deep knowledge, and the ERC authorities. This book will be useful for academics, practitioners and students interested in EU internal market law and the relationship between primary EU law and private law. Subject: EU Law, Private Law]
Privacy In A Digital Age
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Author : Russell L. Weaver
language : en
Publisher:
Release Date : 2017
Privacy In A Digital Age written by Russell L. Weaver and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Data protection categories.
In recent decades, clashes between technology and privacy have become commonplace. Threats to privacy have come from a variety of different sources, including governmental sources and private sources. This book examines the conflict between privacy and electronics, but does so from a comparative perspective. Included are various perspectives from Europe, including papers from France, England, and Norway, dealing with issues ranging from data protection to the Google Spain decision (which articulated the "right to be forgotten").
Delivering Collective Redress
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-05-03
Delivering Collective Redress written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-03 with Law categories.
This book charts the transformative shifts in techniques that seek to deliver collective redress, especially for mass consumer claims in Europe. It shows how traditional approaches of class litigation (old technology) have been eclipsed by the new technology of regulatory redress techniques and consumer ombudsmen. It describes a series of these techniques, each illustrated by leading examples taken from a 2016 pan-EU research project. It then undertakes a comparative evaluation of each technique against key criteria, such as effective outcomes, speed, and cost. The book reveals major transformations in European legal systems, shows the overriding need to view legal systems from fresh viewpoints, and to devise a new integrated model.
Procedural Fairness In International Courts And Tribunals
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Author : Arman Sarvarian
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2015
Procedural Fairness In International Courts And Tribunals written by Arman Sarvarian and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Court proceedings categories.
Procedural fairness is a topic of contemporary importance that touches upon the jurisdictional powers, the effectiveness, and the normative/institutional framework of international courts and tribunals. Increasingly prominent in practice, it features in a wide spectrum of arbitral and judicial settlement processes, from the handling of expert evidence before the International Court of Justice, as well as the burden and standard of proof in investor-State arbitration, to the role of victims and the right to a prompt and speedy trial at the International Criminal Court. The fairness of these proceedings is a topic of fundamental importance, not only to practitioners of international law (judges, counsels, registrars, NGO lawyers, legal advisers, and other civil servants), but also to scholars of international law due to its implications for the key topic of international dispute settlement. This book frames the study of procedural fairness as the identification of fundamental principles inherent to international judicial and arbitral processes. It draws together a number of pertinent issues on specific aspects of fairness (e.g. the equality of arms principle) before international courts and tribunals within a comprehensive narrative. It brings academics and practitioners together to initiate ground-breaking research into this novel topic. The book employs a comparative approach whereby the contributors analyze the procedures and practices of various international courts and tribunals. It identifies patterns of commonality and divergence in the core standards of procedural fairness of international courts, and it develops a holistic understanding of the nature of procedural fairness and the challenges to its realization in the international judicial system. The book concludes that, while there is no universal model of procedural fairness, nascent principles of fairness are emerging in the jurisprudence of international courts in order to resolve procedural and practical issues. [Subject: International Law, Comparative Law]
Fair And Equitable Treatment And The Fabric Of General Principles
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Author : Fulvio Maria Palombino
language : en
Publisher: T.M.C. Asser Press
Release Date : 2017-12-13
Fair And Equitable Treatment And The Fabric Of General Principles written by Fulvio Maria Palombino and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-13 with Law categories.
This book moves from the circumstance whereby currently the obligation to provide fair and equitable treatment (FET) to foreign investments is included in the majority of international investment agreements and has proved to be the most invoked standard in investor-State arbitration. Hence, it is no overstatement to describe this standard as the basic norm of international investment law. Yet both its meaning and normative basis continue to be shrouded in ambiguity and, as a consequence, to inspire a considerable number of interpretations by legal writers. The book’s precise aim is to unravel such ambiguity, arguing from the idea that FET has become part of the fabric of general international law, but has done so by means of a source somewhat neglected in legal doctrine. This being the category of general principles peculiar to a certain field of international law, i.e. those principles having their own foundations in the international legal order itself, but which, through the mediation of the judge, end up being shaped according to the features typical of a specific normative field. The book, as well as having a solid theoretical backdrop as its basis, offers a careful and critical analysis of pertinent case law, and will prove useful to both scholars and practitioners. Fulvio Maria Palombino is Professor of International Law at the Law Department of the University of Naples Federico II and a member of the Executive Board of the European Society of International Law.
The Global Regime For The Enforcement Of Intellectual Property Rights
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Author : Xavier Seuba
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-21
The Global Regime For The Enforcement Of Intellectual Property Rights written by Xavier Seuba 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 2019-03-21 with Law categories.
In The Global Regime for the Enforcement of Intellectual Property Rights, Xavier Seuba offers a comprehensive description of the international norms and bodies dealing with the enforcement of intellectual property rights. The book analyzes multilateral, plurilateral, and bilateral treaties, and their national implementation, along with civil, border, and criminal enforcement. The book also explores the interface between the enforcement of intellectual property rights and the norms regulating international trade, competition, and human rights, as well as the conceptual and systemic aspects of enforcement, while illustrating the importance of these rights with examples in litigation. The book should be read by anyone interested in how intellectual property rights are being enforced around the world, and how these efforts relate to other legal regimes.
The Future Of The Law Of The Sea
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Author : Gemma Andreone
language : en
Publisher: Springer
Release Date : 2017-03-30
The Future Of The Law Of The Sea written by Gemma Andreone and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-30 with Law categories.
This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
The Impact Of The Mortgage Credit Directive In Europe
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Author : Miriam Anderson
language : en
Publisher:
Release Date : 2017
The Impact Of The Mortgage Credit Directive In Europe written by Miriam Anderson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Housing categories.
How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyzes the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve different jurisdictions: Belgium, England, France, Germany, Greece, Ireland, Italy, Malta, The Netherlands, Poland, Portugal, and Spain. The reports show how in some instances only certain products (such as foreign currency loans) or practices (irresponsible lending, homeownership promoting policies, the use of unfair terms) were factors that triggered the property crash; in other cases; the system completely failed to address an exceptional situation; and, finally, how in some instances prudent lending explained why the market was virtually not hit at all. This book aims to find out whether the two goals of Directive 2014/17 (financial sector stability and enhanced consumer protection) can be achieved in light of its provisions and of the transposition carried out by the different Member States, and whether the changes it introduces have a significant impact in the jurisdictions considered here. Some systems are already showing signs of yet another property bubble. There is room for hope: perhaps we have learned from the past, perhaps the Directive is a step forward, but more importantly this book shows that we can learn from each other. [Subject: European Law, Private Law, Property Law]