Author: Gian Antonio Benacchio,Barbara Pasa
Publisher: Central European University Press
View: 8992The first of a series on European Union Law, it provides a detailed overview of the development of a new European Common Law. The authors deal with the transposition of concepts and the problem of translation. Each chapter is accompanied by a bibliography in Italian as well as in English, French and German suggesting further reading in each area.
Author: Manlio Bellomo
Publisher: CUA Press
View: 3650With a vigor and passion rarely found in a scholarly text, Manlio Bellomo has written a broad history of the western European legal tradition. It is now made available to an English-speaking audience in an elegant and lucid translation from the original Italian.
Author: Katharina Boele-Woelki
Publisher: Intersentia nv
View: 4225Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.
Author: Guido Calabresi
Publisher: The Lawbook Exchange, Ltd.
View: 6913Calabresi complains that we are "choking on statutes" and proposes a restoration of the courts to their common law function. From a series of lectures given by Calabresi as part of The Oliver Wendell Holmes Lectures delivered at Harvard Law School in March 1977. "In his most recent publication, A Common Law for the Age of Statutes, based on the Oliver Wendell Holmes lectures he delivered at Harvard in March of 1977, Professor Calabresi has brought his ample juristic talents to bear on a foundational problem of the legal and democratic process. He has produced a monograph that in its quality, timeliness and provocativeness is likely to stand alongside the seminal works of Ronald Dworkin and Grant Gilmore." --Allan C. Hutchinson and Derek Morgan, 82 Columbia Law Review (1982) 1752. GUIDO CALABRESI [b. 1932] is Sterling Emeritus Professor of Law and Professorial Lecturer in Law at Yale Law School. He was Dean of Yale Law School from 1985-1994 and became a United States Circuit Judge in 1994. He is also the author of The Costs of Accidents (1970), Tragic Choices (1978) and Ideals, Beliefs, Attitudes, and the Law (1985).
Author: Karl Riesenhuber
Publisher: Walter de Gruyter
View: 2685Das Buch enthält eine Gesamtdarstellung zu Fragen der Systembildung im Europäischen Vertragsrecht. Mit ihrem Grünbuch vom 11. Juli 2001 hat die Europäische Kommission die Frage nach dem wünschenswerten Harmonisierungskonzept erneut aufgeworfen. Daran anschließend hat sie am 12. Februar 2003 einen Aktionsplan für "Ein kohärentes Europäisches Vertragsrecht" vorgelegt. Beide Themenkreise werden in der vorliegenden Arbeit bereits zusammenhängend erörtert. Der Verfasser legt zunächst Grundlagen für die Arbeit: Im ersten Teil werden Grundfragen des Systemdenkens im Privatrecht erörtert und der Begriff des Europäischen Privatrechts näher konturiert. Im zweiten Teil untersucht der Verfasser, ob sich die zahlreichen einzelnen Angleichungsrechtsakte als Ausprägungen eines Gesamtplans verstehen lassen: Lässt sich den Einzelrechtsakten ein Harmonisierungskonzept entnehmen, das Grund und Grenzen der Rechtsangleichung erkennen läßt? Den Hauptteil der Arbeit bildet die systematische Gesamtdarstellung des materiellen Vertragsrechts im dritten Teil. In einer nach Sachfragen des Vertragsrechts geordneten Weise werden hier die zahlreichen Einzelregelungen erörtert, die sich über verschiedene Richtlinien verstreut finden. Es handelt sich um den - wohl ersten - Versuch einer Dogmatik des Europäischen Vertragsrechts. Über den Autor: Dr. Karl Riesenhuber ist Privatdozent an der Friedrich-Alexander-Universität Erlangen-Nürnberg.
Ius Commune Casebooks for the Common Law of Europe
Author: Hugh Beale,Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Denis Tallon,Stefan Vogenauer
Publisher: Bloomsbury Publishing
View: 5844This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English. The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties. Please click on the link below to visit the series website: www.casebooks.eu/contractLaw.
Author: Hector L. MacQueen,Antoni Vaquer,Santiago Espiau Espiau
Publisher: Cambridge University Press
View: 2533Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Author: Thijmen Koopmans
Publisher: Wildy, Simmonds & Hill Publishing
Category: Common law
View: 9236The Lincoln’s Inn annual European Law Conference is the largest public educational event in the Inn’s calendar. Over the past ten years, the Conference, and the Sir Thomas More Lecture, which is its centrepiece, have brought to the Inn some of the most illustrious figures in the world of European Law and Human Rights. This volume reproduces the text of the annual Sir Thomas More Lecture, together with other lectures and talks given in conjunction with it, or throughout the year, as part of the Inn’s extensive programme of teaching and training in European Law and Human Rights.General Principles of Law as Part of a Common Law of Europe contents include: General Principles of Law as Part of a Common Law of Europe by the Hon Professor Thijmen Koopmans; Remedies Before the European Court by John A Usher; Remedies Before the National Courts by Lord Justice Robert Walker; Interlocutory Remedies by Judge John D Cooke.
The Commission's Proposal for a New Regulation Implementing Articles 81 and 82 EC : Proceedings of the 2001 Competition Law Conference of the Leuven Centre for a Common Law of Europe (Leuven CCLE)
Author: Leuven Centre for a Common Law of Europe. Competition Law Conference
Publisher: Intersentia nv
View: 4430The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by T.C. Arthur, Sir C. Bellamy, L. Cornelis, W. Devroe, H. Gilliams, L. Gyselen, K. Lenaerts, J. Stuyck, J. Temple Lang, M. van der Woude and W. van Gerven.
Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
View: 8818In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
An Anglo-German Comparison
Author: Marina Künnecke
Publisher: Springer Science & Business Media
View: 9122Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.
Interactions with English and German Law
Author: Gerhard Dannemann,Stefan Vogenauer
Publisher: OUP Oxford
View: 2807European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Author: Esin Ã?rÃ¼cÃ¼,David Nelken
Publisher: Bloomsbury Publishing
View: 1107This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin Ã?rÃ¼cÃ¼, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Implications for European Private Laws, Business and Legal Practice
Author: Stefan Vogenauer,Stephen Weatherill
Publisher: Bloomsbury Publishing
View: 7408After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
The Impact of EU Enlargemente for the Rule of Law, Democracy and Constitutionalism in Post-Communist Legal Orders
Author: Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher: Springer Science & Business Media
View: 6412The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?
Author: Klaus Brummer
Category: Political Science
View: 35091949 als ein Zusammenschluss zehn westeuropäischer Staaten gegründet, verbindet der Europarat heute 800 Millionen Menschen aus 47 europäischen Staaten. Die Stellung des Europarats im europäischen Integrationsprozess ist jedoch nicht unumstritten. Gerade die thematische wie geografische Erweiterung der Europäischen Union stellt die Zukunft der traditionsreichen Straßburger Organisation in Frage. Dennoch hat der Europarat auch künftig eine wichtige Rolle im europäischen Integrationsprozess zu spielen. Das gilt vor allem für die europaweite Sicherung bzw. Verwirklichung seiner zentralen Wertetrias aus Demokratie, Menschenrechten und Rechtsstaatlichkeit. Nach einer Einführung in die historische Entwicklung des Europarats analysiert dieses Buch im Detail die institutionellen Strukturen der Organisation und entwickelt im Ausblick eine „Zukunftsagenda“ für den Europarat.
Author: Mads Andenas,Camilla Baasch Andersen
Publisher: Edward Elgar Publishing
View: 1762Harmonised and uniform international laws are now being spread across different jurisdictions and fields of law, bringing with them an increasing body of scholarship on practical problems and theoretical dimensions. This comprehensive and insightful book focuses on the contributions to the development and understanding of the critical theory of harmonisation. The contributing authors address a variety of different subjects concerned with harmonisation and the application of legal rules resulting from harmonisation efforts. This study is written by leading scholars engaged in different aspects of harmonisation, and covers both regional harmonisation within the EU and regional human rights treaties, as well as harmonisation with international treaty obligations. With comparative analysis that contributes to the development of a more general theory on the harmonisation process, this timely book will appeal to EU and international law scholars and practitioners, as well as those looking to future legal harmonisation in other regions in Asia, Latin America and Africa.