Vorschl Ge Und Berichte Zur Reform Des Europ Ischen Und Deutschen Internationalen Gesellschaftsrechts
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Vorschl Ge Und Berichte Zur Reform Des Europ Ischen Und Deutschen Internationalen Gesellschaftsrechts
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Author : Hans Jürgen Sonnenberger
language : de
Publisher: Mohr Siebeck
Release Date : 2007
Vorschl Ge Und Berichte Zur Reform Des Europ Ischen Und Deutschen Internationalen Gesellschaftsrechts written by Hans Jürgen Sonnenberger and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
English summary: This volume contains proposals for the reorganization of the international conflict of laws for corporations. These were developed by the special commission for international corporate law which was appointed by the German Council for International Private Law. The commission was appointed to provide advice following the decisions pertaining to corporate law made by the European Court of Justice on the freedom of establishment for corporations. These made it necessary to find a new concept for international corporate law. This publication contains those proposals presented to the German Federal Minister of Justice for a European and by an alternative method for a German regulation along with the expertises and the reports of the proceedings provided for the commission. Due to the significance of this subject for all of Europe, the proposals are given in German, English and French. German description: Der vorliegende Band enthalt die Vorschlage zur gesetzlichen Neuordnung des internationalen Privatrechts der Gesellschaften. Diese wurde von der durch die 2. Kommission des Deutschen Rates fur Internationales Privatrecht eingesetzten Spezialkommission fur das internationale Gesellschaftsrecht erarbeitet. Die Einsetzung der Kommission sowie deren Beratungen erfolgten aus Anlass der gesellschaftsrechtlichen Urteile des EuGH zur Niederlassungsfreiheit der Gesellschaften. Diese machten eine Neukonzeption des internationalen Gesellschaftsrechts erforderlich. Der von der Kommission erstellte Vorschlag einer EG-Verordnung, hilfsweise einer Regelung im deutschen EGBGB, uber das internationale Gesellschaftsrecht hat zum Ziel, die im Gefolge der EuGH-Rechtsprechung notwendige Neuordnung dieses Rechtsgebietes anzustossen und entstandene Rechtsunsicherheit zu beseitigen. Veroffentlicht werden die dem deutschen Bundesjustizminister unterbreiteten Vorschlage fur eine europaische und hilfsweise fur eine deutsche Regelung, samt den fur die Kommission erstatteten Gutachten und Sitzungsberichten. Die Vorschlage sind wegen der europaweiten Bedeutung des Themas in deutscher, englischer und franzosischer Sprache verfasst.
Comparative Succession Law
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Author : Kenneth G C Reid
language : en
Publisher: Oxford University Press
Release Date : 2020-10-09
Comparative Succession Law written by Kenneth G C Reid 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 2020-10-09 with Law categories.
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Deutsche L Nderberichte Zivilrecht Und Zivilprozessrecht
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Author : Peter Schlechtriem
language : de
Publisher: Nomos Verlagsgesellschaft
Release Date : 1987
Deutsche L Nderberichte Zivilrecht Und Zivilprozessrecht written by Peter Schlechtriem and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Civil law categories.
European Contract Law
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Author : Hein Kötz
language : en
Publisher: Oxford University Press
Release Date : 2017
European Contract Law written by Hein Kötz 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 edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Intestate Succession
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Author : Kenneth G. C. Reid
language : en
Publisher:
Release Date : 2015
Intestate Succession written by Kenneth G. C. Reid and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.
Legislators Judges And Professors
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Author : Jürgen Basedow
language : en
Publisher:
Release Date : 2016
Legislators Judges And Professors written by Jürgen Basedow and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Judicial process categories.
As lawyers we are normally interested in various substantive areas of law; and as comparative lawyers we are interested in finding out about the differences and similarities between national legal systems. But from time to time we should also reflect on how we think and operate, and look at basic questions of legal methodology -- both for the sake of understanding better what we do as lawyers immersed in our own legal systems and as lawyers attempting to assess and comprehend how foreign legal systems work. The nine essays in this volume are devoted to the topics of law-making today (with a focus on Japan, Turkey and Russia), judicial decision-making today (with a focus on England and Wales, Switzerland and Argentina), and legal scholarship today (with a focus on the United States, France and South Africa); and they thus revolve around the three protagonists of legal development: legislators, judges and professors. With contributions by: Aditi Bagchi, Basak Baysal, Jean-Sebastien Borghetti, Thomas Coendet, Matthew Dyson, Yuko Nishitani, Agustin Parise, Helen Scott, Andrey M. Shirvindt
Unification Of Tort Law
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Author : Francesco Donato Busnelli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Unification Of Tort Law written by Francesco Donato Busnelli 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 2003-01-01 with Law categories.
Covers various European countries, Israel, South Africa, and the United States.
Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-13
Commentaries On European Contract Laws written by Nils Jansen 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 2018-07-13 with Law categories.
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Japanese And European Private International Law In Comparative Perspective
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Author : Jürgen Basedow
language : en
Publisher: Mohr Siebeck
Release Date : 2008
Japanese And European Private International Law In Comparative Perspective written by Jürgen Basedow and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.
Rights Of Personality In Scots Law
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Author : Niall Whitty
language : en
Publisher: Edinburgh University Press
Release Date : 2014-02-08
Rights Of Personality In Scots Law written by Niall Whitty and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-08 with Law categories.
Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.
