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Cases Materials And Text On Property Law

Author: Sjef van Erp
Publisher: Bloomsbury Publishing
ISBN: 1847319823
Size: 51.17 MB
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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.

Cases Materials And Text On Contract Law

Author: Bénédicte Fauvarque-Cosson
Publisher: Hart Publishing
ISBN: 9781509912575
Size: 65.83 MB
Format: PDF, Mobi
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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.

Contract Law

Author: Hugh Beale
Publisher: Bloomsbury Publishing
ISBN: 1847317383
Size: 69.27 MB
Format: PDF
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This 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.

Researching Property Law

Author: Susan Bright
Publisher: Macmillan International Higher Education
ISBN: 113748618X
Size: 77.66 MB
Format: PDF, Mobi
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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.

Cases Materials And Text On European Law And Private Law

Author: Arthur Hartkamp
Publisher: Bloomsbury Publishing
ISBN: 150991188X
Size: 55.80 MB
Format: PDF, Kindle
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This Casebook deals with the horizontal effects of EU law, which is to say its effects on relationships between individuals. To a large extent, these effects have been created by the Court of Justice of the European Union (CJEU) on the basis of the European Treaties. The main focus of the Casebook is on the developments relating to primary EU law and their influence on national private law. It studies instances where EU primary law has already directly or indirectly influenced the case law in the Member States, or where it is expected to do so soon. Compared to the well-known impact of EU directives on private law, these developments concerning primary EU law are hardly noted by private lawyers and perhaps not sufficiently explained by scholars of EU law. Therefore the book makes an important contribution to scholarship and education. This book highlights developments in the areas of competition law, fundamental freedoms, non-discrimination, general principles of EU law, ex officio application of provisions of EU law and implementation of directives, including harmonious interpretation and Francovich liability. In its analysis of the ways in which EU law interacts with private law, the book will be an invaluable resource to students, practitioners and academics of EU private law.

Cases Materials And Text On National Supranational And International Non Discrimination Law

Author: Dagmar Schiek
Publisher: Hart Pub Limited
ISBN:
Size: 46.22 MB
Format: PDF, Kindle
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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.

Contract Law

Author: Jan M. Smits
Publisher: Edward Elgar Publishing
ISBN: 178536877X
Size: 35.59 MB
Format: PDF, Docs
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This innovative and accessible text offers a straightforward and clear introduction to the law of contract suitable for use across geographical boundaries. It introduces the key principles of contract law by comparing solutions from different jurisdictions and has an innovative design with text boxes, colour and graphics, making it a highly attractive tool for studying. This revised second edition has been updated to reflect the most recent changes in the law, including the French reform of the law of obligations and the new UK Consumer Rights Act. A whole new chapter on contracts and third parties has also been added.

Cases Materials And Text On Judicial Review Of Administrative Action

Author: Chris Backes
Publisher: Hart Publishing
ISBN: 9781509921478
Size: 52.10 MB
Format: PDF, ePub, Docs
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This Casebook studies the law governing judicial review throughout Europe.It concentrates on the foundations of judicial review and examines, amongst others, the organisation of judicial review, the types of administrative action and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review and the standard of review and the remedies available in judicial review cases.The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights as well as the influence of EU initiatives and the case law of the European Court of Justice in the various jurisdictions is also considered. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems.During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The Casebook compares the primary sources (statutes, case law etc.) of the legal systems covered, and the differences and similarities are explored: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.

Loss Of Homes And Evictions Across Europe

Author: Padraic Kenna
Publisher: Edward Elgar Publishing
ISBN: 1788116992
Size: 29.57 MB
Format: PDF, ePub
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The loss of a home can lead to major violations of a person’s dignity and human rights. Yet, evictions take place everyday in all countries across Europe. This book provides a comparative assessment of human rights, administrative, procedural and public policy norms, in the context of eviction, across a number of European jurisdictions. Through this comparison the book exposes the emergence of consistent, Europe-wide standards and norms.