This book deals with a subject that has recently been the focus of debate and law reform in many jurisdictions: how much scope should spouses have to conclude agreements concerning their financial affairs - and under what circumstances should such agreements be binding and enforceable? These marital agreements include pre-nuptial, post-nuptial and separation agreements. The book is the result of a British Academy-funded research project which investigated and compared the relevant law of England and Wales, Australia, Austria, Belgium, France, Germany, Ireland, the Netherlands, New Zealand, Scotland, Singapore, Spain, Sweden and the jurisdictions of the United States. In addition to chapters on these jurisdictions, the book includes a chapter on the 'English practitioner's view'. It also provides a comparative analysis of the different matrimonial property regimes and the rules on marital agreements that explores underlying themes and principlesand makes recommendations for regulating marital agreements. A key theme is the function and effect of marital agreements in the different jurisdictions. Thus, each chapter first explains the underlying 'default' rules for ancillary relief/matrimonial property and maintenance. It then analyses the current rules for marital agreements, and gives a brief account of the private international law rules. The book provides a comprehensive source of reference on ancillary relief/matrimonial property and maintenance and the rules on pre-nuptial, post-nuptial and separation agreements in 14 jurisdictions. It offers guidance for academics and practitioners dealing with international matters, and a basis for discussions on law reform. 'I applaud the vision and perseverance of Jens Scherpe in having conceived this book and, with so much distinguished help, in now bringing it to birth. I will be using it for many years and I warmly invite my fellow family lawyers across the world to do likewise.' Foreword by The Rt Hon Lord Wilson of Culworth, Justice of the Supreme Court of the United Kingdom

This book features 15 country reports on the patent enforcement practice of the world's most litigated countries in Europe, Asia and the Americas. Litigation strategies for both right owners and alleged infringers are explained against the background of case law on: types of action, standing to sue, jurisdiction, obtaining evidence, provisional and final measures, trial practice, types of infringement, remedies and counterclaims, costs and issues of retrial, threats and wrongful enforcement. Special chapters cover the Trade-Related Aspects of Intellectual Property Agreement provisions on enforcement, enforcement issues in the European Community, international cross-border litigation and border measures. The reports are written by patent practitioners or academic experts in the field, and the homogenous structure of the country reports allows for an easy identification of best practices and strategic considerations on the choice of jurisdiction.

First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Tunnelling is a high risk business. Success depends crucially on the nature of the ground through which the tunnel is being driven. The cost of a thorough site investigation is usually only a small fraction of the cost of the construction work but this crucial phase of a project is often given too low a priority. This text provides a review of tunnelling contracts, particularly those for sewerage and drainage tunnels. It reviews site investigation methods, contract preparation and tender evaluation, tunnel costruction, claims and records, and the post-construction phase. Examples of good and bad practice of site investigation and other aspects of tunnelling are given, and the text is supported by over 500 references. Supplementary information in the second part of the book expands on particular aspects such as ground vibration and noise. Among other topics covered are quality assurance, rock properties and testing, pollution, permeability and dewatering.

The doctrine of Direct Effect is an issue of importance to all those concerned with, or affected by the implementation of European Union directives. The doctrine of Direct Effect bestows responsibility for the implementation of directives on individual regulators, even if the member state itself has not made full arrangements for implementation. This text considers the doctrine with particular regard to the regulation of the discharge of dangerous substances to the aquatic environment in England and Wales. It contains an analysis of the evolution, applications and implications of Direct Effect.;A range of cases are studied, allowing the reader to realize the scope of this important doctrine. This book explores an area of European Law that should be understood by all those involved in the regulation of the discharge of dangerous substances.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

In August 2006, the third Australian Obligations Conference was hosted in Brisbane by the TC Beirne School of Law. The theme of the Conference was Justifying Private Law Remedies. This book contains a number of the papers delivered at that Conference, presented under several categories but all dealing with the fundamental issue of justification: General Concepts; Performance; Compensation; Punishment; and Restitution and Disgorgement.The authors are largely drawn from the legal academy, and include Canadian, Australian, British and New Zealand scholars. The collection will be of interest to all those concerned with the role, nature and place of remedies in the private law of the common law world.This book examines the wider role and function of the law of remedies. The contributors are leading scholars from Australia, New Zealand, Canada and Britain. It will be of interest to contract, tort and restitution law scholars.

Volume two of this set of two texts brings together all the EC legislation which the general commercial contract lawyer would normally require. The legislation relating to matters which are not strictly contractual, such as intellectual property, company law and taxation, have been excluded. Where legislation has been amended by subsequent treaties, regulations or directives, the amendments are incorporated in the text. The legislation in this volume is that which is available and published in the Official Journal of the European Communities as at 1 May 1997.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1995. Routledge is an imprint of Taylor & Francis, an informa company.

First published in 1994. Routledge is an imprint of Taylor & Francis, an informa company.

With the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research. It considers the common law tradition (England and Wales), as well as the civil law viewpoint (on the example of Germany), making the case for a European law of remedies. It is argued that 'remedies' are an enforcement tool influencing the scope of substantive rights. In doing so, the book analyses different mechanisms of enforcement, including the debate on private versus public enforcement as well as the perspective of criminal law. The enforcement of rights is understood as an intradisciplinary task. Remedial law is, however, distinct from procedural law, as well as from substantive law in a narrow sense. Subsequent to defining the scope of a law of remedies, this book analyses several underlying principles and common themes. For example, the proportionality test is presented as fundamental principle in European remedial law. The value gained by identifying common ground is e. g. illustrated with respect to damages in European Private Law. Especially in IP law, in turn, the CJEU rulings and secondary European legislation confirm the importance of proportionate remedies. Moreover, within the law of remedies the function of each remedy can be analysed, and respective interests can be balanced. Further examples that reveal the importance of a sophisticated enforcement are the CJEU's recent extension of the concept of communication to the public, the notice-and-take-down-procedure in intermediary liability cases and remedies for non-conformity of digital content or consumers' remedies in European contract law. In German patent law, the development of grace periods and shareholders rights in German corporate law can be analysed from a "remedy" perspective as well. Overall, this book demonstrates that remedies are more than just an addendum and innovatively presents an emerging research area. As such, it is of great relevance to all lawyers concerned with questions surrounding the enforcement of rights: international academics as well as practitioners.