The Principles of European Family Law drafted by the Commission on European Family Law (CEFL) contain models which may be used for the harmonization of family law in Europe. This book contains the Principles regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participiation in acquisitions and the community of acquistions. Both regimes have been put on an equal footing. Each matrimonial property regime, whether it functions as a default or as an optional regime is strongly connected with the rights and duties of the spouses and the possibility for them to make a marital property agreement. These issues have also been addressed by including two common Chapters on the General Rights and Duties of Spouses and on Marital Property Agreements which are to be applied regardless of which of the regimes applies.

Property rights formalize the relationship between individuals and goods. They form the cornerstone of the pricing, supply and efficient allocation of scarce resources between individuals.The Economic Foundations of Property Rights is an outstanding collection of some of the most important work from the founders of the field, including James M. Buchanan, Douglass C. North, Richard Posner, Armen Alchian, Lord Peter Bauer and Karl Brunner. It addresses the development of property rights, the effects of property rights on the allocation of resources and the link between alternative property rights and the production of wealth. Specifically, the authors consider the issues of democracy, law, transaction costs, the economics of exchange and the valuation of assets. The discussion considers property rights in the context of developing countries and transition economies as well as developed market systems. This comprehensive new source book will be welcomed by economists, particularly those interested in law and economics, as well as political scientists and those interested in public choice theory.

Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.

Choice of law determines which national legal system applies to an international case. Currently many choice of law rules in the field of family law are regulated by national law. However, these national rules of the EU Member States are more and more displaced by common European rules. This book describes the changes brought by the Europeanisation of the choice of law on divorce. From the conclusions drawn in the field of divorce the concluding chapter discusses the changes of Europeanisation of international family law in a broader perspective.

Within the European Union there is considerable diversity in morally sensitive issues like legal recognition of same-sex relationships or reproductive matters, such as abortion, assisted human reproduction (AHR) and surrogacy. States generally expressly claim recognition of such diversity and it is explicitly respected at European level, even though the (implicit) influence of European law is increasingly visible in these areas.Cross-border movement within the EU adds a new dimension to this complex picture. It implies that States are increasingly confronted by (the consequences of) one another's regimes. For example, same-sex couples residing in one EU Member State claim recognition of their marriage concluded in another Member State, or women from Member States with restrictive abortion regimes resort to States with more liberal regimes. This research explores this cross-border dimension, identifies a number of pressing questions and provides insight into the interests that are at stake in such situations.This volume firstly investigates what if any standard-setting is in place in three national jurisdictions (Ireland, Germany and the Netherlands) as well as in the relevant European jurisdictions (EU law and the ECHR) in respect of reproductive matters and legal recognition of same-sex relationships, and how this has developed over time. This analysis inter alia provides insight into what considerations and interests play or have played a role in legislative debates and case-law, in what respects the regimes studied differ, and how European law has influenced national standard-setting. It furthermore provides the necessary basis for the subsequent analysis of how the relevant jurisdictions respond to cross-border movement in these areas and how they interact. While, for example, States sometimes appear to ward off cross-border movement in these areas to protect their national moral standards, in other situations they choose to or are obliged under European law to accommodate such mobility in order to protect the interests of vulnerable parties involved. This research thereby observes and clarifies the dynamics in decision-making regarding these issues, analysing and explaining how various areas and levels of law interact.

The ongoing debate on the harmonisation of European contract law has metamorphosed into an important recognition: that none of the existing national systems of contract law, even the most 'modern,' have been able to keep pace with the extensive and radical changes in the world which contract law must reflect. The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential 'architecture' of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; the apparent necessity to merge consumer contract law (i.e., such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and, the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors' perspectives cover a wide range of jurisdictions, including new EU Member States. The book's overall commitment to an integration of comparative law, EC law, and the debate on European codification gives it both an authority and an immediacy that offer interested practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far, a model which might serve as a basis for Europe-wide and perhaps even worldwide discussion.

For many knowledge-intensive or technology-based start-up companies, the professional management of intellectual property (IP) is critically important. In fact, IP may be the main asset by which the value of a young company is determined and on which decisions to invest in the company are based - and so IP needs to be considered very early in the planning process. Intellectual Property: From Creation to Commercialisation provides a detailed grounding for innovators and researchers. The book starts with the source of innovation - that is, at the point where resourcefulness and creativity combine to develop new opportunities through problem-solving - and examines the critical steps that need to be carefully managed in the process surrounding the creation of IP and managing its development from concept through to exploitation. This involves the steps of identifying, capturing and assessing the value of IP. Useful recommendations for managing the transfer of IP from a research environment to the knowledge economy are provided and case studies illustrate pitfalls to watch out for. Readers can expect to gain a broad understanding of IP and the innovation process. Specifically, they will learn: > The benefits of implementing procedures to ensure that IP can be protected, managed and exploited effectively. > How to assess the most appropriate routes to market, such as licensing or sale of their IP, or establishing a spin-out company to deliver a service or product offering. > How to present a viable business case to potential funders and investors.

Gender equality is a modern ideal, which has only recently, with the expansion of human rights and feminist discourses, become inherent to generally accepted conceptions of justice. In Islam, as in other religious traditions, the idea of equality between men and women was neither central to notions of justice nor part of the juristic landscape, and Muslim jurists did not begin to address it until the twentieth century. The personal status of Muslim men, women and children continues to be defined by understandings of Islamic law - codified and adapted by modern nation-states - that assume authority to be the natural prerogative of men, that disadvantage women and that are prone to abuse. This volume argues that effective and sustainable reform of these laws and practices requires engagement with their religious rationales from within the tradition. Gender and Equality in Muslim Family Law offers a ground-breaking analysis of family law, based on fieldwork in family courts, and illuminated by insights from distinguished clerics and scholars of Islam from Morocco, Egypt, Iran, Pakistan and Indonesia, as well as by the experience of human rights and women's rights activists. It explores how male authority is sustained through law and court practice in different contexts, the consequences for women and the family, and the demands made by Muslim women's groups. The book argues for women's full equality before the law by re-examining the jurisprudential and theological arguments for male guardianship (qiwama, wilaya) in Islamic legal tradition. Using contemporary examples from various contexts, from Morocco to Malaysia, this volume presents an informative and vital analysis of these societies and gender relations within them. It unpicks the complex and often contradictory attitudes towards Muslim family law, and the ways in which justice and ethics are conceived in the Islamic tradition. The book offers a new framework for rethinking old formulations so as to reflect contemporary realities and understandings of justice, ethics and gender rights.

This book provides a comprehensive theory of the rights upon which tort law is based and the liability that flows from violating those rights. Inspired by the account of private law contained in Immanuel Kant's Metaphysics of Morals, the book shows that Kant's theory elucidates a conception of interpersonal wrongdoing that illuminates the operation of tort law. The book then utilises this conception, applying it to the various areas of tort law, in order to develop an understanding of the particular areas in question and, just as importantly, their relationship to each other. It argues that there are three general kinds of liability found in the law of tort: liability for putting another or another's property to one's purposes directly, liability for doing something to a third party that puts another or another's property to one's purposes, and liability for pursuing purposes in a way that improperly interferes with the ability of another to pursue her legitimate purposes. It terms these forms liability for direct control, liability for indirect control and liability for injury respectively. The result is a coherent, philosophical understanding of the structure of tort liability as an entire system. In developing its position, the book considers the laws of Australia, Canada, England and Wales, New Zealand and the United States.

South African law remains relatively silent on the legal aspects of pregnancy, and legal commentary is rather scarce too. While there have been attempts to address the gaps in the law in relation to specific issues in pregnancy, these attempts have usually favoured the individual protection of the unborn at the expense of pregnant women's agency and rights, which has given rise to a tension between female reproductive autonomy and foetal interests. In Pregnancy Law in South Africa, the author explores the question of whether it is possible to regard pregnancy in law as embodying both women and the unborn and whether the pregnancy can be construed in a way that it does not come to be framed as an adversarial relationship. Pregnancy Law in South Africa focuses on the issues of prenatal substance abuse, termination of pregnancy, violence that terminates a pregnancy, and the extension of legal personhood to the unborn. The author argues that pregnancy-related issues will never be adequately resolved unless the potential for an adversarial pregnancy relationship is removed and proposes a relational approach to pregnancy, centred on fostering relationships, in order to eliminate the potential for tension. The author contends further that a relational approach encourages imaginative and constructive possibilities for law reform efforts without sacrificing women's reproductive autonomy and rights or the recognition of the unborn. Pregnancy Law in South Africa provides a sound theoretical approach to pregnancy in law and its recommendations seek to promote healthy, rights-affirming pregnancies.

'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.' Mikhail Xifaras, Sciences Po Law School, France Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples. Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field. Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. Walsh

Recital 7 of the EU Directive on the Enforcement of Intellectual Property Rights (Directive 2004/48/EC) argues that 'the disparities between the systems of the Member States as regards the means of enforcing intellectual property rights are prejudicial to the proper functioning of the internal market'. Accordingly, the Directive obliges Member States to seek to achieve 'partial harmonization' of the remedies, procedures and measures necessary to enforce intellectual property law. These obligations provide a minimum standard which must be fulfilled by the Member States in the course of their implementation of the Directive. This book examines the scope of the Member States' obligations to implement the Directive and provides valuable guidance regarding the interpretation of the provisions therein. If there really is, as the European Commission contends, an 'enforcement deficit' in the protection of intellectual property rights by national rules of procedure, then the most effective approach, Cumming shows, is through the principles of legal certainty, full effect, and effective judicial protection. These principles will assist the national court in interpreting the precise meaning of the substantive obligations under the Directive. The three authors' vastly detailed, article-by-article analysis of the fortunes of the IP Enforcement Directive in three EU jurisdictions offers enormously valuable insights into the complex ways Member States respond to Community law, and in so doing provides an important addition to the ongoing inquiry into the nature of the reciprocal tensions between EU law (both judicial and legislative) and the laws of Member States. More than once, the authors argue that implementation is inadequate, either because the pre-existing legislation constitutes inadequate legislation or because the specifically adopted legislation proves to be legally uncertain. Drawing on the tenor of ECJ law that national procedural rules should not present an obstacle to adequate judicial protection, the authors examine the available options for an interpretation of national law which is consistent with the requirements of the IP Enforcement Directive. They further consider whether an eventual claimant, who has suffered loss and damage caused by either the non-implementation or the incorrect implementation the Directive, may bring an action against the State for breach of Community law.The authors present their analyses of the implementation of the Directive in Dutch, English and German national procedure as three separate cases rather than comparatively, as any attempt to compare either the method of national implementation or the degree of adequacy or inadequacy inevitably obscures the essential particularities of each of the three national systems in relation to the Directive. Although this book will repay the study of anyone interested in European law, it will be of special value to practitioners and policymakers engaged in intellectual property law, particularly in EU Member States.

* Bridges the disciplines of litigation and neuropsychology in a modern UK context. * Conveys the complexity and huge amount of research data into an accessible medicolegal based neuropsychology text with relevance for both lawyers and psychologists. * A scientifically oriented exploration based on real-life case examples

The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal "status" of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions' reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.

This comprehensive and in-depth study on the understanding and interpretation of the child's right to survival and development provides a compact assessment of article 6(2) of the Convention on the Rights of the Child (CRC) in light of its drafting history, the reports of the Committee on the Rights of the Child and other relevant sources appropriate to the discipline of international human rights law.The author analyses the travaux prparatoires of the CRC and the academic work of some of its drafters. The book includes an interview with one of the drafters and explores the literature of the Committee on the Rights of the Child with respect to article 6(2) and how its understanding and interpretations of this article have developed over time. It examines the weaknesses and strengths in relation to the observations it has made and explores the legal effects of the Committee's classifications and makes suggestions for others as well.Importantly, the book also discusses the relationship between the right of the child to survival and development and his/her dignity. It provides an understanding of the child's physical, mental, spiritual, moral and cognitive development in the context of his/her right to survival and development. In addition, the author discusses various State obligations aiming at the enjoyment of the right to survival and development and also touches on global warming and its relationship with the right of the child to survival and development.The reader will gain an understanding of different approaches to the interpretation of human rights treaties in general, and attitudes towards the assessment of the work of the Committee on the Rights of the Child. He will also learn about the connection between the right to development and the economic and social rights of the child on the one hand, and the right of the child to survival and development on the other hand. Moreover, the book introduces the concept of comprehensiveness and individuality of the right of the child to survival and development and fundamentally argues that there is still more to add to the understanding and interpretations of article 6(2) of the CRC.

This may be the book to guide advocates and citizens through our complex environmental laws. . . . Not a critique of the pollution laws, this is a detailed summary of their provisions, such as who is responsible for administration; criteria and schedules to be met; citizens' right to bring suit; and the like. Not easy reading, it beats hacking through the language of the laws themselves. "Library Journal"

"Pollution Law Handbook" is a comprehensive yet accessible guide to eight major federal statutes concerned with controlling pollution. Written for attorneys and their corporate clients concerned with environmental matters, the handbook is designed to help the reader fully comprehend both the general intent and the essential provisions of each statute--many of which seem convoluted, confusing, and unduly complex in their original statutory text. The eight statutes selected for inclusion are those which provide the principal authority for regulating air, water, and land pollution, and toxic waste.

Providing comparative analysis that examines both Western and non-Western legal systems, this wide-ranging Handbook expands and enriches the existing privacy and defamation law literature and addresses the fundamental issues facing today's scholars and practitioners. Comparative Privacy and Defamation provides insightful commentary on issues of theory and doctrine, including the challenges of General Data Protection Regulations (GDPR) and the impact of new technologies on the law. Chapters explore the origins and development of the right to privacy, privacy rights of photographic subjects and defamation by photo-manipulation, and the right to be forgotten. Containing contributions from expert international scholars, this comprehensive Handbook investigates the liability of internet intermediaries in cases of defamation and the emerging problem of global injunctions before concluding with eight country focussed studies. Engaging and accessible, this Handbook will be a key resource for students and scholars researching in the fields of privacy and defamation law, internet and technological law and information and media law. Contributors include: T.D.C. Bennett, S. Bretthauer, J. Campbell, P. Coe, M. Cornils, S.C. Ekaratne, A. Gajda, G. Gil, A. Koltay, R. Krotoszynski, J. Kulesza, D. Mangan, D. Milo, R. Moosavian, J. Oster, K.S. Park, M. Pearson, J. Reichel, D. Rolph, J. Shimizu, D.N. Staiger, R.L. Weaver, R.H. Weber, P. Wragg, M.N. Yan, V. Zeno-Zencovich

This book examines the strength of laws addressing four types of violence against women rape, marital rape, domestic violence, and sexual harassment in 196 countries from 2007 to 2010. It analyzes why these laws exist in some places and not others, and why they are stronger or weaker in places where they do exist. The authors have compiled original data that allow them to test various hypotheses related to whether international law drives the enactment of domestic legal protections. They also examine the ways in which these legal protections are related to economic, political, and social institutions, and how transnational society affects the presence and strength of these laws. The original data produced for this book make a major contribution to comparisons and analyses of gender violence and law worldwide."

Copyright looms large in the digital world. As users and creators of expressive works, we all know more about copyright than we did a decade ago. But scholars of modernism have felt a special urgency in grappling with this branch of law, whose rapid expansion in recent years has prolonged or revived the rights in many modernist works. Indeed, thanks to public clashes between estates and users, 'modernism' has lately begun to seem like a byword for contested intellectual property. At the same time, today's volatile legal climate has prompted us to ask how modernism was, from its beginning, shaped by intellectual property law-and how modernists sought variously to exploit, reform, anoint, and evade copyright. We are beginning to discover, too, how copyright's transatlantic and imperial asymmetries during the modernist decades helped set the stage for its geopolitical role in the new millennium. Modernism and Copyright is the first book to take up these questions and discoveries in all their urgency. A truly multi-disciplinary study, it brings together essays by well-known scholars of literature, theater, cinema, music, and law as well as by practicing lawyers and caretakers of modernist literary estates. Its contributors' methods are as diverse as the works they discuss: Ezra Pound's copyright statute and Charlie Parker's bebop compositions feature here, as do early Chaplin, EverQuest, and the Madison Avenue memo. As our portrait of modernism expands and fragments, Modernism and Copyright locates works like these on one of the few landscapes they all clearly share: the uneven terrain of intellectual property law.

Billions of minutes a month are spent globally on social media. This raises not only serious legal issues, but also has a clear impact on everyday commercial activity. This book considers the significant legal developments that have arisen due to social media. It provides an expert explanation of the issues that practitioners and businesses need to consider, as well as the special measures that are required in order to minimise their exposure to risk. The content is highly practical, and not only explores the law related to social media, but also includes useful aids for the reader, such as flow charts, checklists and case studies. Various categories and channels of social media are covered in this book, alongside the legal classification of different social networks. Social media is also considered in the context of human rights law by evaluating the implications this has had upon the development of civil and criminal law when pursuing a civil remedy or criminal prosecution in relation to online speech. As part of these discussions the book deals specifically with the Defamation Act 2013, the Communications Act 2003, the Computer Misuse Act 1990 and the Contempt of Court Act 1988 among other key issues such as seeking Injunctions and the resulting privacy implications. Finally, the author also pays careful consideration to the commercial aspects raised by social media. The reader will find reference to key cases and regulatory guidance notes and statutes including, the Data Protection Act 1998 (including the draft Data Protection Regulation), user privacy, human rights, trading and advertising standards, special rules for FCA regulated bodies and social media insurance. This book is an invaluable guide for private practice and in-house practitioners, business professionals, academics and post-graduate students involved in the law surrounding social media.

This is a practical guide to the legal aspects of the Community Trade Mark, which is an intellectual property right created by an European Council Regulation of December 1993, and which entered into force on 1 April 1996. The main attraction of the Community Trade Mark is that it enables an applicant to obtain and maintain, with only one registration, trade mark protection throughout the 15 Member States of the European Union (rather than having to obtain and maintain the registration of essentially the same trade mark in each of those countries). In other words, the Community Trade Mark offers one-stop-shopping; the proprietor of a Community Trade Mark is able to enjoy exclusive rights of use at a significantly reduced cost in order to enjoy comparable rights simultaneously throughout the European Union pursuant to the traditional country-by-country or international registration systems. The Community Trade Mark system is administered by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), which is an agency of the European Union. The Community Trade Mark system has been surprisingly successful since its inception.

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe. Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, US