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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Law of Remedies - A European Perspective (Hardcover)
Loot Price: R2,998
Discovery Miles 29 980
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Law of Remedies - A European Perspective (Hardcover)
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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.
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