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Electronic Consumer Contracts In The Conflict Of Laws

Author: Zheng Sophia Tang
Publisher: Bloomsbury Publishing
ISBN: 1782259295
Size: 73.51 MB
Format: PDF
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The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.

Intellectual Property And Private International Law

Author: Toshiyuki Kono
Publisher: Bloomsbury Publishing
ISBN: 1847319696
Size: 79.49 MB
Format: PDF, ePub
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'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington (July 2010). This volume contains the General Report and 20 National Reports covering Canada, US, Japan, Korea, India and a number of European countries (Austria, France, Germany, UK, Spain etc). The General Report was prepared on the basis of National Reports. The national reporters not only describe the existing legal framework, but also provide answers for up to 12 hypothetical cases concerning international jurisdiction, choice-of-law and recognition and enforcement of foreign judgments in multi-state IP disputes. Based on their answers the main differences between legal systems as well as the shortcomings of the cross-border enforcement of IP rights are outlined in the General Report. The Reports in this volume analyse relevant court decisions as well as recent legislative proposals (such as the ALI, CLIP, Transparency, Waseda and Korean Principles). This book is therefore a significant contribution to the existing debate in the field and will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context.

Internet Jurisdiction And Choice Of Law

Author: Faye Fangfei Wang
Publisher: Cambridge University Press
ISBN: 1139488457
Size: 22.97 MB
Format: PDF, ePub, Docs
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The adoption of electronic commercial transactions has facilitated cross-border trade and business, but the complexity of determining the place of business and other connecting factors in cyberspace has challenged existing private international law. This comparison of the rules of internet jurisdiction and choice of law as well as online dispute resolution (ODR) covers both B2B and B2C contracts in the EU, USA and China. It highlights the achievement of the Rome I Regulation in the EU, evaluates the merits of the Hague Convention on Choice of Court Agreement at the international level and gives an insight into the current developments in CIDIP. The in-depth research allows for solutions to be proposed relating to the problems of the legal uncertainty of internet conflict of law and the validity and enforceability of ODR agreements and decisions.

Cases And Materials On Eu Private International Law

Author: Stefania Bariatti
Publisher: Bloomsbury Publishing
ISBN: 1847316425
Size: 37.44 MB
Format: PDF, ePub
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Since the Amsterdam Treaty of 1997 empowered the EC to adopt rules in the field of conflicts of laws, legal instruments have been adopted that provide common rules on issues that touch upon the day-to-day life of European citizens. There are now instruments covering jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, family matters and maintenance obligations, and the law applicable to contractual and non-contractual obligations, legal separations and divorces. There is also legislation establishing swift procedures for recovering claims abroad, ie the European Enforcement Order, the European Order for Payment Procedure and the European Small Claims Procedure, and legislation regulating cross-border insolvency proceedings and judicial assistance in the field of service of documents, taking of evidence and access to justice. This long list of EU legislation is not exhaustive of EU conflicts of laws rules: numerous further provisions are scattered among other EU legislation, eg directives on consumer, labour and insurance contracts; company law; IP rights; securities; privacy; and so on. Besides this the European Court of Justice has issued many judgments addressing relevant aspects of the conflict of laws found in the acquis communautaire in this field. This book, which assembles all the relevant EU legislation and ECJ decisions in one place, provides a guide to the maze of legal instruments now in place, supplemented by brief commentaries identifying the leading principles and anticipating future developments.

Enforcement Of International Contracts In The European Union

Author: Johan Meeusen
Publisher: Intersentia nv
ISBN: 9050953727
Size: 20.27 MB
Format: PDF, Kindle
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The enforcement of international contracts in the European Union is increasingly dependent on Community (rather than national) private international law. This book examines the present status and future prospects of Community private international law in the contractual area. It focuses in particular upon the joint analysis of the Rome Convention of 19 June 1980 on the law applicable to contractual obligations (which is likely to be converted in the near future into the Rome I-regulation) and the Brussels I-regulation. Rather than attempting a comprehensive study of Brussels I and Rome I, this book examines a number of key issues considered particularly pertinent from the point of view of the coherence between both instruments. This approach should contribute to the consistency of Community policy-making and legislation in the field of international contracts, to the benefit of market participants. This book is the culmination of a research project funded by the European Commission (DG Justice and Home Affairs, Framework programme for judicial co-operation in civil matters) and co-ordinated by the University of Antwerp Belgium. Eminent European experts have contributed to the book which should prove of interest to law makers, academics and practitioners concerned with the enforcement of contracts in a cross-border context.

Theorie Und Praxis Des Internationalen Privatrechts

Author: Carl Ludwig von Bar
Publisher: Wentworth Press
ISBN: 9780274205301
Size: 77.60 MB
Format: PDF, ePub
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Legal Tech

Author: Markus Hartung
Publisher: C.H.Beck
ISBN: 3406713505
Size: 74.14 MB
Format: PDF, Kindle
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Zum Inhalt: Das neue Buch analysiert umfassend die Digitalisierung im Rechtsmarkt und deren Auswirkungen. Es gibt einen facettenreichen Überblick über den Einsatz von Legal Tech in Kanzleien und Rechtsabteilungen und formuliert Strategien für den erfolgreichen Einsatz von Legal Tech in der anwaltlichen Arbeit. Der Leser erfährt, welche strategischen Weichenstellungen er in seiner Kanzlei oder Rechtsabteilung jetzt stellen muss, um auf die Herausforderungen und Chancen von Legal Tech vorbereitet zu sein. - Umfassender Überblick über Legal Tech und die Digitalisierung im Rechtsmarkt - Praxisbezogene Anwendungsbeispiele und Digitalisierungsstrategien - Darstellung und Analyse zukünftiger technischer Entwicklungen (u.a. Smart Contracts, Blockchain, Künstliche Intelligenz) - Legal Tech Szene in Deutschland, Großbritannien und USA Zu den Autoren: Die Herausgeber Markus Hartung, Dr. Micha-Manuel Bues und Dr. Gernot Halbleib setzen sich seit Jahren mit den theoretischen und praktischen Folgen der Digitalisierung der Rechtsbranche auseinander. Der Autorenkreis setzt sich aus internationalen Experten und Praktikern zusammen, die die Themen Legal Tech und Digitalisierung aus unterschiedlichen Blickwinkeln eingehend analysieren und beleuchten.