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National Supranational And International Tort Law

Author: Walter Van Gerven
Publisher: Hart Publishing
ISBN: 9781901362732
Size: 12.58 MB
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This is the first book in a new series Casebooks for the Common Law of Europe. It is a prototype for the series which will be published during the next 2 years and which will include books on tort law,contract, judicial review and company law. In general the series seeks to contribute to the wider search for common general principles within the emerging common law of Europe. The books have been developed for use throughout Europe and are aimed at all legal education programmes whose purpose is to instil a comparative or European perspective, either as a complement to or as an integral part of national law. The casebooks analyse the various European legal systems, concentrating primarily on the laws of the EU/EEA member states, but including also the legal orders of the EU and ECHR. The focus is largely on English, French and German law, since they are representative of the main legal traditions within Europe. Materials from other legal systems are included when they present an original approach. The materials themselves are selected from cases, legislation, international materials, draft model principles, restatements and excerpts from books and articles. The series is published in English only.

Collected Courses Of The Academy Of European Law 1997 European Community Law

Author: Academy of European Law
Publisher: Kluwer Law International B.V.
ISBN: 904111579X
Size: 61.40 MB
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The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe

Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
ISBN: 9041119620
Size: 11.70 MB
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In 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.

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

Author: Dagmar Schiek
Publisher: Bloomsbury Publishing
ISBN: 1847316972
Size: 69.71 MB
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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/.

Cases Materials And Text On Property Law

Author: Sjef van Erp
Publisher: Bloomsbury Publishing
ISBN: 1847319823
Size: 35.93 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.

Contract Law

Author: Hugh Beale
Publisher: Bloomsbury Publishing
ISBN: 1847317383
Size: 21.31 MB
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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.

Recueil Des Cours De L Acad Mie De Droit Europ En

Author:
Publisher:
ISBN:
Size: 42.13 MB
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The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. it has as its main activity the holding of annual Summer Courses in the law of the European Community And The protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Epistemology And Methodology Of Comparative Law

Author: Mark van Hoecke
Publisher: Hart Pub Limited
ISBN:
Size: 18.40 MB
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Whereas many modern works on comparative law focus on various aspects of legal doctrine, the aim of this book is more theoretical - to reflect on comparative law as a scholarly discipline, and in particular its epistemology and methodology. It seeks answers to fundamental, scientific problems of comparative research.