Cases, Materials and Text on Property Law

Author: Sjef van Erp,Bram Akkermans

Publisher: Bloomsbury Publishing

ISBN: 1847319823

Category: Law

Page: 1252

View: 2215

This casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.
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Cases, Materials and Text on Contract Law

Author: Bénédicte Fauvarque-Cosson,Jacobien Rutgers,Stefan Vogenauer

Publisher: Hart Publishing

ISBN: 9781509912575

Category: LAW

Page: 1328

View: 2489

This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
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Researching Property Law

Author: Susan Bright,Sarah Blandy

Publisher: Macmillan International Higher Education

ISBN: 113748618X

Category: Law

Page: 224

View: 7251

For those embarking on or engaged in property law research, this is a unique resource which includes contributions from twelve international scholars who each analyse a different research approach, addressing its value, associated methodology and the challenges involved in pursuing it.
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Europäische Methodenlehre

Handbuch für Ausbildung und Praxis

Author: Karl Riesenhuber

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 3110390078

Category: Law

Page: 714

View: 8036

This handbook systematically presents methodological issues in European law. The work combines an in-depth examination of methodological questions with detailed examples that cover specific areas of the law and institutions. Country reports provide information about the perspectives of other member states. The work includes a comprehensive consideration of the Treaty of Lisbon.
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Kings and Bishops in Medieval England, 1066-1216

Author: Roger Wickson

Publisher: Macmillan International Higher Education

ISBN: 1137431199

Category: History

Page: 240

View: 2335

This introductory text, the first of its kind, explores the central relationship between the kings of England and their bishops, from the Norman Conquest to the Magna Carta. Wickson provides an approachable overview of the scholarship on this key subject, making this an ideal starting-point for anyone who is studying high medieval England.
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Cases, Materials and Text on National, Supranational and International Non-Discrimination Law

Ius Commune Casebooks for the Common Law of Europe

Author: Dagmar Schiek,Lisa Waddington,Mark Bell

Publisher: Bloomsbury Publishing

ISBN: 1847316972

Category: Law

Page: 1118

View: 6029

This casebook, the result of the collaborative efforts of a panel of experts from various EU Member States, is the latest in the Ius Commune Casebook series developed at the Universities of Maastricht and Leuven. The book provides a comprehensive and skilfully designed resource for students, practitioners, researchers, public officials, NGOs, consumer organisations and the judiciary. In common with earlier books in the series, this casebook presents cases and other materials (legislative materials, international and European materials, excerpts from books or articles). As non-discrimination law is a comparatively new subject, the chapters search for and develop the concepts of discrimination law on the basis of a wide variety of young and often still emerging case law and legislation. The result is a comprehensive textbook with materials from a wide variety of EU Member States. The book is entirely in English (i.e. materials are translated where not available in English). At the end of each chapter a comparative overview ties the material together, with emphasis, where appropriate, on existing or emerging general principles in the legal systems within Europe. The book illustrates the distinct relationship between international, European and national legislation in the field of non-discrimination law. It covers the grounds of discrimination addressed in the Racial Equality and Employment Equality Directives, as well as non-discrimination law relating to gender. In so doing, it covers the law of a large number of EU Member States, alongside some international comparisons. The Ius Commune Casebook on Non-Discrimination Law - provides practitioners with ready access to primary and secondary legal material needed to assist them in crafting test case strategies. - provides the judiciary with the tools needed to respond sensitively to such cases. - provides material for teaching non-discrimination law to law and other students. - provides a basis for ongoing research on non-discrimination law. - provides an up-to-date overview of the implementation of the Directives and of the state of the law. This Casebook is the result of a project which has been supported by a grant from the European Commission's Anti-Discrimination Programme. See the detailed website for this book: www.casebooks.eu/nonDiscrimination/.
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The International Law of Property

Author: John G. Sprankling

Publisher: OUP Oxford

ISBN: 0191502529

Category: Law

Page: 400

View: 2695

Does a right to property exist under international law? The traditional answer to this question is no: a right to property can only arise under the domestic law of a particular nation. But the view that property rights are exclusively governed by national law is obsolete. Identifiable areas of property law have emerged at the international level, and the foundation is now arguably being laid for a comprehensive international regime. This book provides a detailed investigation into this developing international property law. It demonstrates how the evolution of international property law has been influenced by major economic, political, and technological changes: the embrace of private property by former socialist states after the end of the Cold War; the globalization of trade; the birth of new technologies capable of exploiting the global commons; the rise of digital property; and the increasing recognition of the human right to property. The first part of the book analyzes how international law impacts rights in specific types of property. In some situations, international law creates property rights, such as rights in aboriginal lands, deep seabed minerals, and satellite orbits. In other areas, it harmonizes property rights that arise at the national level, such as rights in intellectual property, rights in foreign investments, and security interests in personal property. Finally, it restricts property rights that may be recognized at the national level, such as rights in celestial bodies, contraband, and slaves. The second part of the book explores the thesis that a global right to property should be recognized as a general matter, not merely as a moral precept but rather as an entitlement that all nations must honour. It establishes the components of such a right, arguing that the right to property at the international level should be seen in the context of five key components of ownership: acquisition, use, destruction, exclusion, and transfer. This highly innovative book makes an important contribution to how we conceptualize the protection of property and to the understanding that much of this protection now takes place at the international level.
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Personal property law

text, cases and materials

Author: Sarah Worthington

Publisher: Hart Pub

ISBN: N.A

Category: Law

Page: 716

View: 4941

Personal Property law is probably the most important and yet the most neglected and least understood aspect of English law. Historically, Personal Property law was neglected because it was commonly, but misleadingly, regarded as belonging to a number of entirely separate legal categories. The recent growth of specialist literature in this area is indicative of the increasing awareness of the importance of personal property law by practitioners.Personal Property: Text and Materials addresses the problem of the near invisibility of personal property law within the law curriculum by producing an integrated casebook that covers both the underlying philosophy and concepts of personal property law and the impact of evolving business practices on the development of the law. The book is inspired by a determination to produce a concept orientated approach to the study of personal property law, avoiding the specific-contract approach to the subject that has hitherto impoverished the study of the concepts and philosophy of personal property law in the United Kingdom.The book is aimed at undergraduate law students in commercial law courses as well as students in integrated property law courses. By considering all the branches of law that touch commercial transactions such as equity, trusts, property law and restitution, Personal Property: Text and Materials, is also ideal for students studying postgraduate commercial law programs who may or may not have qualifying law degrees.
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Philosophical Foundations of Fiduciary Law

Author: Andrew S. Gold,Paul B. Miller

Publisher: OUP Oxford

ISBN: 0191005290

Category: Law

Page: 450

View: 1225

Fiduciary law is a critically important body of law. Fiduciary duties ensure the integrity of a remarkable variety of relationships, institutions, and organizations. They apply to relationships of great personal significance, including in some jurisdictions the relationship between parents and children. They structure a wide variety of commercial relationships, and they are essential to the regulation of relationships between professional service providers and their clients, including relationships between lawyer and client, doctor and patient, and investment manager and client. Fiduciary duties, perhaps uniquely in private law, challenge traditional ways of marking the boundaries between private and public law, inasmuch as they figure prominently in public governance. Indeed, there is even a storied tradition of thinking of the authority of the state in fiduciary terms. Notwithstanding its importance, fiduciary law has been woefully under-analysed by legal theorists. Filling this gap with a series of chapters by leading theorists, this book includes chapters on: the nature of fiduciary relationships, the connection between fiduciary duties and morality, the content and significance of fiduciary loyalty, the economic significance of fiduciary law, the application of fiduciary principles to public law and international law, the import of fiduciary relationships to theories of authority, and various other fundamental topics in the field. In many cases, new and important questions are raised by the book's chapters. Indeed, this book not only offers a much-needed theoretical assessment of fiduciary topics, it defines the field going forward, setting an agenda for future philosophical study of fiduciary law.
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Intellectual Property Law

Author: Tanya Aplin,Jennifer Davis

Publisher: Oxford University Press

ISBN: 0198743548

Category:

Page: 944

View: 9683

This book combines extracts from major cases and secondary materials with critical commentary to provide a complete resource for undergraduate and postgraduate students of intellectual property law. All areas of intellectual property law in the UK are covered: copyright, trademarks and passing off, confidential information, industrial designs, patent, procedure and enforcement. This book also tackles topical areas, such as the application of intellectual property law to new technologies and character merchandising. While the focus of the book is on intellectual property law in a domestic context, it provides international, EU and comparative law perspectives on major issues. It also addresses the wider policy implications of legislative and judicial developments in the area.
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Family Law

Text, Cases, and Materials

Author: Sonia Harris-Short,Joanna Miles,Rob George

Publisher: Text, Cases and Materials

ISBN: 0199664188

Category: Domestic relations

Page: 1144

View: 9603

Placing key judgments and expert commentary at your fingertips, Family Law: Text, Cases, and Materials presents everything the undergraduate student needs in one volume. Drawing on their extensive experience, the authors offer a detailed and authoritative exposition of family law illustrated by materials carefully selected from a wide range of sources. The book has two principal aims: to provide readers with a thorough understanding of the law relating to the family, and to do so in a way that stimulates critical reflection on that law. Readers are encouraged to consider how and why the law has developed as it has, what policies it is seeking to pursue, whether it achieves the right balance between the rights and interests of individual family members and the wider public interest, and how it operates in practice. Online Resource Centre The text is supported by a substantial Online Resource Centre, which features regular updates on the law, further reading suggestions, and revision questions to accompany each chapter. The website also features supplementary coverage on the following topics: Introduction to family law Family relationships between adults Family property and finances Domestic violence Financial and property provision for children Property and finances when relationships end Child protection
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Bleakhaus

Author: Charles Dickens

Publisher: e-artnow

ISBN: 8026880013

Category: Fiction

Page: 950

View: 7890

Dieses eBook: "Bleakhaus" ist mit einem detaillierten und dynamischen Inhaltsverzeichnis versehen und wurde sorgfältig korrekturgelesen. Esther Summerson wächst als Kind bei Miss Barbery auf, ohne zu wissen, dass diese ihre Tante ist oder wer ihre Eltern sind; sie erfährt nur, dass ihre Mutter große Schande über sich gebracht habe. Nach dem Tod ihrer Tante wird Esther von John Jarndyce aufgenommen, einem reichen und wohltätigen Mitglied der Oberschicht, der einer der Beteiligten an dem erwähnten Erbschaftsstreit Jarndyce gegen Jarndyce ist. Sie arbeitet dort als Haushälterin von Bleak House sowie als Gesellschafterin von Ada Clare und deren entfernten Cousin Richard Carstone, zwei weiteren Beteiligten im Rechtsstreit um das Erbe im Jarndyce-Fall, die John Jarndyce als Vormund in Bleak House aufnimmt. Charles Dickens (1812-1870) war ein englischer Schriftsteller.
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Sachsenspiegel

Author: Eike von Repkow

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 610

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Europäisches Vertragsrecht

Author: Reiner Schulze,Fryderyk Zoll

Publisher: Nomos Verlagsgesellschaft

ISBN: 9783832959548

Category:

Page: 311

View: 5344

Den Kerngebieten des BGB und des HGB liegt heute das Europaische Vertragsrecht zugrunde - vom Verbraucherschutz uber das Kaufrecht bis zum Handelsvertreterrecht. Der Vorschlag der Europaischen Kommission hat zu einer eigenen europaischen Systematik auf diesem Gebiet gefuhrt. Das vorliegende Lehrbuch enthalt erstmals eine Gesamtdarstellung des Europaischen Vertragsrechts und - gibt einen umfassenden Uberblick uber alle Kernbereiche des Vertragsrechts auf europaischer Ebene. - bezieht die aktuellen Entwicklungen hinsichtlich des Vorschlags der Kommission fur ein Gemeinsames Europaisches Kaufrecht mit ein. - erleichtert den Lesern durch den Abdruck der einschlagigen Rechtstexte und Urteilspassagen den Zugang zu dieser noch sehr neuen Materie. - berucksichtigt den Kommissionvorschlag fur das Gemeinsame Europaische Kaufrecht, die neue Verbraucherrechte-Richtlinie und den Entwurf des Gemeinsamen Referenzrahmens.
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Smith and Hogan's Text, Cases, and Materials on Criminal Law

Author: David Ormerod,Karl Laird

Publisher: Oxford University Press, USA

ISBN: 0199694885

Category: Law

Page: 984

View: 3570

Smith and Hogan Criminal Law: Text and Materials is an essential, accessible guide to the criminal law. The eminently clear text that is the hallmark of the Smith & Hogan approach is supplemented by extracts from all of the key criminal law cases, together with other essential materials from statutes, reports, and articles. Introductory notes, commentary, summaries, and questions help students to contextualize the materials and to apply the law confidently, gaining an in-depth insight into the problems that the law poses and faces. The contents of the eleventh edition have been substantially revised and restructured to present the materials in an order that closely matches the structure of contemporary courses on criminal law. The overall approach that the book takes has been adjusted to include significantly more explanatory text, thus ensuring that the book is suitable for use as a core textbook. The latest legislation and all of the recent cases that continue to shape the law are included, providing the law student with everything they need to develop a thorough understanding of the key cases and the legal principles that they illustrate.
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Land Law

Text, Cases, and Materials

Author: Ben McFarlane,Nicholas Hopkins,Sarah Nield

Publisher: Text, Cases, And Materials

ISBN: 0198722842

Category: Estates (Law)

Page: 1256

View: 7774

Land Law: text, cases, and materials has been designed to provide students with everything they need to approach their land law course with confidence. Ready to be used as a stand-alone resource on all land law courses the authors combine stimulating commentary and well-chosen materials to present the subject in an interesting and dynamic way. Covering all core aspects of land law including legal estates, legal interests, equitable interests, interests in the home, leases, easements, covenants and security interests in land, the book provides students with the detailed knowledge and analytical.
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International Economic Relations

Cases, Materials, and Text on the National and International Regulation of Transnational Economic Relations

Author: John Howard Jackson,William J. Davey,A. O. Sykes

Publisher: West Academic Publishing

ISBN: 9780314280268

Category: Business & Economics

Page: 1338

View: 6721

This book focuses on the rules-based multilateral trading system established by the World Trade Organization, with particular emphasis given to the rich and detailed jurisprudence developed by the WTO's Appellate Body. After introductory chapters on international economics, international law, and US and EU constitutional and institutional issues relating to international trade regulation, the book explores the WTO's structure and takes a detailed look at its dispute settlement system. The heart of the book then treats the basic GATT rules on (i) trade liberalization (tariffs and quotas), (ii) non-discrimination (MFN and national treatment and the exceptions for FTAs, health and conservation), (iii) standards and (iv) trade remedies (safeguards, dumping and subsidies). Additional chapters cover trade in services, intellectual property issues, investment issues and several other trade-related issues. The new 6th edition offers a basic understanding of the international economic system, the impact of international economic interdependence and the struggle of legal institutions to cope with this and other aspects of globalization. In particular, it highlights important 2012 Appellate Body decisions on standards and subsidies.
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Intellectual Property

Cases, Materials and Commentary

Author: Sam Ricketson,Megan Richardson,Mark Davison

Publisher: N.A

ISBN: 9780409329384

Category: Intellectual property

Page: 1242

View: 9375

"Intellectual Property: Cases, Materials and Commentary provides extensive reading material, both case extracts and extracts from other relevant sources, which is linked together by expert commentary. Intellectual Property allows readers to gain an in-depth understanding of all aspects of intellectual property law. Questions of policy are examined and discussed throughout the text, linking the various materials and presenting them in a meaningful context."--Publisher.
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European Intellectual Property Law

Text, Cases and Materials

Author: Annette Kur,Max Planck,Thomas Dreier

Publisher: Edward Elgar Publishing

ISBN: 1781953643

Category: Law

Page: 608

View: 1435

'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' – Graeme B. Dinwoodie, University of Oxford, UK 'This hybrid volume, part commentary, part primary sources, with questions to stimulate further thinking, serves both as a teaching tool and as a manual for lawyers who seek a comprehensive overview of EU intellectual property law. The book aims at a generalist legal audience, with very a helpful précis of international law, including the major multilateral treaties, as well as a summary of the EU legal framework that non-Europeans will find highly useful. The authors explore the full range of traditional and emerging IP rights. They also provide in-depth analysis of remedies and of the international private law issues that increasingly arise in contemporary complex IP litigation.' – Jane Ginsburg, Columbia Law School, US The first of its kind, this textbook has been carefully designed to give students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law. Providing a comprehensive overview of both community IP rights, and areas of IP law that have been harmonised, and supported by judicious use of extracts from the most significant source material, the book assists the reader in navigating through the increasingly complex European IP system. European Intellectual Property Law deals with European patent, trade mark and copyright law copyright, as well as with adjacent areas such as protection of plant varieties, geographical indications, industrial design, competition law, enforcement, and private international law, with a focus on the most relevant case law to be found in those areas. Key Features: • Written by two of the leading authorities in European IP law • Concise and readable style • Extracts from key source material • Questions designed to stimulate thinking around legal problems • Coverage of related areas adjacent to IP • Offers an overview on international IP protection and the interrelation between European law and IP law in general. This detailed book is designed for all courses on European intellectual property, whether basic or advanced, as well as for practitioners looking for a comprehensive and concise overview on the structure and content of European IP law.
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