Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

This accessible textbook provides an introductory guide to tort law, with a structured explanation of the key concepts and doctrines. Using a comparative approach, the discussion is illustrated with case law and provisions from three key jurisdictions: England, France and Germany. With liberal reference to other codes and cases from around the world, the book gives readers a contextual understanding and will appeal to classes with a global outlook. Key Features: Examples of different solutions show how tort law is implemented in a variety of jurisdictions Direct comparison of legal systems helps readers to match different kinds of property or damage in civil and common law systems Translated provisions from codes and statutes facilitate access to the systems of French and German law in particular Clarification of corresponding concepts and terminology, as well as guidelines and examples to help readers find their way in a legal environment that is not restricted to a single jurisdiction Introductory guidance to tort law systems outside Europe Providing readers with a working knowledge of major tort law systems as well as a greater understanding of the main concepts in tort law, this textbook will be an important resource for both undergraduate and postgraduate students.

This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action. Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this unique guide to European and international contract law is marked out by the following features: A comparative perspective on highly topical, real-life issues of contract law; Materials from some 30 jurisdictions in both their original languages and in high quality translations, with information on smaller and medium-sized jurisdictions further diversified; An opportunity for students to solve scenarios according to the laws of different jurisdictions, to compare and evaluate the solutions and approaches they identify, and to better understand the diverse approaches to modern contract law; NEW! Concise introductions to the history of each country and its private law system, informing readers about the key data before they are invited to work with material from that jurisdiction; NEW! A chapter on 'contractual penalty clauses', a frequent occurrence in contractual practice; NEW! Full integration of the Chinese Civil Code which entered into force in 2021. Essential reading for all students of comparative contract law and methodology, thi the s third edition remains a vital teaching and learning resource, and a practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

Property in Minerals and Petroleum is the first major academic text to analyse the state-custodianship concept in South African law with emphasis on its application in mineral and petroleum law. As such, the book seeks to stimulate academic discourse about the impact of the incorporation of state custodianship in this field of law. The book considers the nature of mineral and petroleum rights in a state-custodianship model within a constitutional context. It clarifies the institutional regime change that lead to the regulatory context in which such rights now can be acquired, transferred or lost. The first chapter of Property in Minerals and Petroleum focuses on the constitutional imperatives for reform in mineral and petroleum law, and on the changing concepts of property and landownership that paved the way for transformation. Further chapters evaluate the pre-2004 mineral and petroleum law dispensation and address the current dispensation under the Mineral and Petroleum Resources Development Act (MPRDA). The section on the MPRDA focuses on the aims and objectives of the Act; the notion of state custodianship and its impact on existing property law; the meaning of the terms `mineral' and `petroleum'; the nature, content and regulation of rights to minerals and petroleum; the acquisition, transfer and termination of such rights; and various miscellaneous aspects that straddle existing property law principles and the regulation of minerals and petroleum.

The Rental Housing Act 50 of 1999 has been amended substantively by the Rental Housing Amendment Act 35 of 2014. The Amendment Act, which has yet to commence, creates mechanisms to ensure the proper functioning of the South African rental housing market, lays down general principles for governing conflict resolution in the rental housing market, facilitates sound relations between tenants and landlords and lays down general requirements relating to leases. The Rental Housing Act: Amendments, annotations and commentary provides an easy to- follow system to clearly identify changes to the Rental Housing Act by the forthcoming amendments and includes commentary to help the reader understand the amendments and their context and interplay with other provisions of the Act. All amendments are colour-coded, making them easy and quick to identify. This work is the go-to guide on the amended Rental Housing Act and indispensable to any participants in the South African rental housing market, such as landlords, tenants, estate agents, legal practitioners, members of the Rental Housing Tribunal and anyone who seeks to keep abreast of the latest changes to South African rental legislation.

The Law of Landlord and Tenant revisits the law of landlord and tenant in light of the constitutional context to determine how this area of law has developed, especially since the pre-1994 era, to further constitutional goals.

The purpose of the volume is to place legislation, case law, academic analysis and policy considerations in the context of the constitutional framework within which private law rights are acquired, exercised and transferred or lost, but also add to existing academic commentary some sections of foreign law where the comparison might provide insight to the South African landlord-tenant context.

This set of 7 volumes, originally published between 1984 and 1998, provides illuminating and practical information on Domestic Abuse. Aimed at both students and practitioners across a range of disciplines, the volumes explore topics including, provision of services for domestic abuse victims, the law, homelessness, advice for those coming into contact with violence and victims of abuse, public policy and the experience of domestic abuse victims themselves.

The last monograph to be dedicated exclusively to the law of servitudes in South African law was the 1973 edition of Hall & Kellaway: Servitudes. Since then, interesting regulatory and constitutional issues have arisen in servitude disputes. The Law of Servitudes covers the traditional areas of the law relating to servitudes, such as the nature and characteristics of servitudes, the acquisition of servitudes, the relationship between the servitude holder and the landowner (including remedies available to either party), the termination of servitudes, and includes separate chapters on praedial servitudes, personal servitudes, and statutory and public servitudes. The Law of Servitudes seeks to establish the current state of the law, seen in the context of its historical development in South Africa, as well as to consider the current position with reference to the effect of the Constitution on the development of private law.

Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.

Provincial and Local Government Reform in Zimbabwe: An analysis of the Law, Policy and Practice considers key questions about the multi-level system of government and shows how it radically differs from the old Lancaster House constitutional order.

The roles that provincial and local governments, as well as traditional leaders, fulfil in the new order are examined, the reforms needed to implement the system are outlined, and lessons to be learnt from other countries with multi-level governments are considered.

This book aims to aid the realisation of Zimbabwe’s constitutional goals of development, democracy and peace through effective multilevel governance and contributes to the international discourse on decentralisation and the role of subnational governments in Africa.

In this fully revised and updated second edition of Art Law and the Business of Art, Martin Wilson, an art lawyer with more than 20 years' experience in the field, provides a comprehensive and practical guide to the application of UK law to transactions and disputes in the art world. Accessible and informative for lawyers and non-lawyers alike, this indispensable book not only outlines and explains the relevant law but also how the art business operates in practice. Chapters cover the full breadth of legal and commercial issues affecting the sale and purchase of art in various contexts, and other issues such as artists' rights in their work, import and export of artworks, art disputes, and confidentiality and data protection are all examined in detail. Wilson also offers an in-depth discussion of the most pressing ethical questions involving artworks, including Holocaust restitution, cultural heritage, and freedom of expression. New to this Edition: Thoroughly revised guidance on new anti-money laundering requirements Updated discussion in the context of Brexit and the impact of the Covid-19 pandemic New coverage of the emerging issues such as the treatment of NFTs and the increased use of internet auctions This book will prove invaluable to lawyers advising on all aspects of art law and many others in the art business, including artists themselves, art dealers, and those working in auction houses and museums. It will also be crucial reading for scholars and students with an interest in art law and business.

'The incorporation of Chinese law is particularly interesting for Chinese legal researchers and even for the Chinese legislator considering the dramatic ongoing codification movement taking place within Chinese civil law, because one of the essential values of comparative law is to find alternative solutions to one's own legal system.' - Jiayou Shi, Renmin University of China, Beijing, China 'Professor Kadner Graziano's book on comparative contract law is an invaluable source of inspiration to both study and teach contract law in a transnational perspective. His cases highlight the expected and sometimes less expected differences and similarities between the key jurisdictions in Europe and allow the reader to gain a concrete understanding of the various systems put in play. I cherish this book this book for my course on transnational contract law and highly recommend it to anyone who is interested in this stimulating field of study.' - Andre Prum, University of Luxembourg Promoting a 'learning-by-doing' approach to comparative contract law and comparative methodology, this second edition of Comparative Contract Law updates the first true student reader on the subject. It brings together extracts from legislation and court practice in a way that lets students experience comparative law in action, presenting a unique guide to European and International contract law. This updated second edition provides: an international perspective on highly topical, real-life issues of contract law materials from some 30 jurisdictions in both their original languages, and in excellent translations the chance for students to solve scenarios according to the laws of different jurisdictions and compare and evaluate the solutions and approaches they identify the opportunity for students to engage with a broad array of case material and to develop their skills as comparative lawyers. Essential reading for all students, practitioners, and scholars of comparative contract law and methodology, this second edition remains a vital practical guide for those seeking to familiarise themselves with real-world materials and to better understand the diverse approaches to modern contract law.

The second edition of Child Law in South Africa provides insight into the profound impact of recent legislative changes and developments in the associated regulatory frameworks, the judicial interpretation of ground-breaking case law, and the latest research findings in child law in South Africa. The work that has been done at an international level is also incorporated as far as possible within the confines of the topics addressed in this publication. This new edition of Child Law in South Africa does not merely follow in the path of its predecessor: this publication includes 11 entirely new chapters and 11 `new' authors - experts who did not contribute to the previous edition. Even the `revised' chapters add value as they systematically and critically deal with new knowledge and enhance research. Child Law in South Africa is written by 22 experts in the field, edited by Professor Trynie Boezaart, an internationally acknowledged researcher in child law, and independently peer-reviewed. The book reflects the enormous scope and dynamics involved in child law and is sure to encourage further debate and analysis.

This authoritative Commentary on the recast Regulation 2019/1111 on matters of matrimonial and parental responsibility presents a deep analysis of the Regulation and is authored by leading experts in family law and private international law. Employing a granular, article-by-article approach, the Commentary acts as a detailed reference point on the uniform jurisdiction rules for divorce, legal separation and marriage annulment, as well as for disputes over parental responsibility with an international element, including child abduction. It provides clear guidance on and interpretation of the jurisdictional rules on collaboration of authorities and on the recognition and execution of judicial verdicts. Key Features: Provides comprehensive article-by-article analysis Written by leading experts Explains the mechanics of Regulation 2019/1111 to practitioners and legal scholars alike Includes expansive reference to case-law and legal writings, and explains the relation with other EU regulations This meticulous and ambitious Commentary will be an indispensable companion for those involved in and practising family law, particularly in cases with a cross-border element, including judges, lawyers and child protection authorities. It will additionally be valuable for scholars of European family law and private international law.

Undertaking the global project of improving intellectual property demands a critical and dynamic evaluation of its parameters and impacts. This innovative book considers what it means to improve intellectual property globally, exploring various aspects and perspectives of the international intellectual property debate and contemplating the possibilities for reform. Building upon the seminal contributions of Rochelle Dreyfuss, an international team of eminent intellectual property scholars address some of the most pressing questions surrounding the improvement of intellectual property law's role in promoting innovation. The book explores intellectual property's shifting boundaries and balance; its increasing relation to other global public goods such as public health; its re-configuration of traditional categories and concepts; its contradictory and incomplete implementation in international law; and its changing institutions. While diverse in subject matter, the individual contributions share the common premise that intellectual property must continually re-assess its foundational assumptions, doctrines, policies, and rationales against evolving political economies, social demands, and technologies. Thought-provoking and accessible, Improving Intellectual Property will prove an invaluable resource for academics, researchers, and students of international intellectual property law. Its exploration of how intellectual property law might promote innovation in conjunction with national, regional, and global policy goals will also be of interest to practitioners and policymakers.

Part of the Juta's Property Law Library series, Land Reform covers all legal developments spanning the first phase or exploratory land reform programme that was embarked upon in 1991, followed by the all-encompassing land reform programme that coincided with the constitutional dispensation, until July 2013. Land reform is approached with reference to its various contexts, drawing the broad categories of state land and private land that are further subdivided into urban and rural contexts, where relevant. All relevant legislative measures and policy documents are set out and major court decisions are analysed accordingly.

The Estates Gazette Law Reports are an indispensable reference for property law practitioners (over 15,000 in the UK) researching and advising on all aspects of: landlord & tenant, valuation, professional negligence, conveyancing, real property, leasehold enfranchisement & compensation.

They comprise the law reports published in Estates Gazette plus new and original cases published for the first time in EGLR. Each volume includes the most significant property cases determined in any given year and is published in three hardback volumes with corresponding head note.

Cases are selected by HH Judge Hazel Marshall QC, Senior Chancery Judge at the Central London County Court.

These reports are available by annual subscription or by volume.

Cases selected by a top Chancery Judge
Provides detailed and clearly written head notes
References all cases in a subject matter index
Offers cases additional to those published in EG

This incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law. The Handbook is divided into four thematic parts, beginning with topics that address the intersection of IP and AI broadly before focusing on issues associated with specific types of IP. Chapters tackle critical legal questions, from issues with protecting AI-generated ourput to the impact of AI on how trademarks are used, offering valuable lessons on technology regulation and how technological evolution will disrupt existing legal frameworks. Scholars and students of intellectual property law and its intersections with AI and related technologies will find this Handbook 's cutting-edge contributions to be a crucial read. Its guidance on the practical legal implications of technological advances will also be of interest to IP practitioners, as well as policymakers and regulators.

First published in 2005. Routledge is an imprint of Taylor & Francis, an informa company.

South Africa's property law teachers have been convening annually since 1985 to exchange ideas, subject their work to peer scrutiny and build a collegial network. Over time, the agendas of the annual meetings became snapshots of the development of a discipline. In celebration of the 25th anniversary of this meeting, the property law teachers' colloquium was expanded into an International property law conference, giving South African property law teachers an opportunity to exchange their ideas on a much broader platform, with some of the world's best property law scholars and teachers. Property law under scrutiny brings together pieces that give an overview of property law twenty-five years after the establishment of the South African property law teachers' colloquium. A recurrent theme in all the contributions at the conference, and the ones included in this publication, is the tension between well-established principles of property law and the policies that drive legal development in the field. The topics addressed are organised into four themes, as follows: The first cluster relates to an age-old issue in conventional property law: The accession of movables to immovables; The second cluster concerns the centrality of the real agreement in transfers and in the real security context; A third cluster deals with questions about the public law aspects of property; The fourth cluster captures some of the dilemmas and challenges concerning the abandonment and neglect of property. It ties together the underlying concerns aired in debates about the conventional property rules and issues surfacing in the crossover between private and public law, and the role of property law principles. In capturing the interaction between South African and international scholarship, Property law under scrutiny serves to introduce a new era in this developing discipline. Teachers and practitioners of property law, locally and internationally, will find this to be an invaluable resource.

First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children's rights. Inspired by the dilemma of difference in the discussion of children's rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights. Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children's rights within the human rights paradigm Forward looking perspectives and discussion of the future of children's rights Approaching the topic of children's rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.