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Disgorgement of profits is not exactly a household word in private
law. Particularly in civil law jurisdictions - as opposed to those
of the common law - the notion is not well known. What does it
stand for? It is best illustrated by examples. One of the best
known being the British case of Blake v Attorney General, [2001] 1
AC 268. In which a double spy had been imprisoned by the UK
government before escaping and settling in the former Soviet Union.
While there wrote a book on his experiences, upon which the UK
government claimed the proceeds of the book. The House of Lords, as
it then was, allowed the claim on the basis of Blake's breach of
his employment contract. Other examples are the infringement of
intellectual property rights, where the damages of the owner are
limited, but the profits of the wrongdoer immense. In such cases,
the question arises whether the infringing party should be
disgorged of his profits. This volume aims at establishing the
notion of disgorgement of profits as a keyword in the discourse of
private law. It does not purport to answer the question whether or
not such damages should or should not be awarded. It does however
aim to contribute to the discussion, the arguments in favour and
against, and the organisation of the various actions.
This book brings together articles from leading experts in the
field of international dispute resolution. The main focus is on the
situation in Asia, though the European perspective also plays an
important part. Accordingly, the focus on the Asian dispute
resolution market with a distinctly American and European "touch"
is one of the book's most unique features. The dispute resolution
market is rapidly transforming, and dispute resolution law is
changing with it -especially in Asia. This book highlights recent
advances and outlines future trends in this area. Emphasis is
especially placed on International Commercial Arbitration Law on
the one hand; and on International Investment Arbitration Law on
the other. Two dedicated sections address these two topics, while
another is dedicated to a quite new phenomenon in the field of
international dispute resolution, the emergence of International
Commercial Courts not only in Asia, but also in other regions of
the world (e.g. in the Netherlands). This raises a host of
interesting legal questions, which the book addresses. The book's
final section investigates general trends in dispute resolution
(e.g. the rising cost problem in arbitration in general).
This book looks at the consumer protection offered in a range of
Asian countries, for example China, Japan, and South Korea in key
areas such as consumer sales law, unfair terms, product liability,
and unfair commercial practices. However, it is interesting to note
that consumer protection is on the rise everywhere and to compare
how this differs depending upon the legal cultures. It is also
fascinating to reflect on the influence of models for law reform
such as the EU laws. ASEAN has also affected the development of
consumer policy for its member states. The book takes the form of
national reports which explain the development of the law and also
shed light on how the law works in practice. The book also contains
thematic reports which look at each area of the law from a
comparative perspective. Commentators from around the globe reflect
on their impression of Asian consumer law based on their own
differing legal systems and benchmarks. A must-read for anyone with
an interest in consumer law in Asia and beyond, this book will form
the basis of further research and discussion internationally.
Information requirements have become a key element of consumer
policy at the European level and are also gaining increasing
importance in all other areas of private law. The law stipulates
that information provided should not be misleading and also
involves requirements regarding the fairness and objectivity of
what has been provided. In addition to controlling the veracity of
what is voluntarily offered by traders, the law increasingly
requires disclosure of certain information. This volume focuses
especially on the question of how these information requirements
influence the party autonomy. International contributors explore in
various contexts whether the legislative policy regarding the
information requirements and their relationship to party autonomy
has been properly thought through.
Thirty years after the entry into force of the Directive on
liability for defective products (Council Directive 85/374/EEC),
and in the light of the threat to user safety posed by consumer
goods that make use of new technologies, it is essential to assess
and determine whether the Directive remains an adequate legal
response to the phenomenon of products brought to market that fail
to ensure appropriate levels of safety for their users.European
Product Liability is the result of an extensive international
research project funded by the Polish National Science Centre. It
brings together experienced scholars associated with the European
Group on Tort Law (EGTL) and the European Research Group on
Existing EC Private Law (Acquis Group). Individual country reports
analyse the implementation of the Directive in the domestic law of
several EU and EEA Member States (namely Austria, Czech Republic,
Denmark, England, France, Germany, Italy, Netherlands, Norway,
Poland, Spain, and Switzerland) and the relationship of the
implemented rules with the already existing rules of tort law. The
country reports show that the practical significance of product
liability differs widely in the various Member States. Also taking
into account non-EU countries (Canada, Israel, South Africa and the
USA), this book examines whether EU law will ensure sufficient
safety for individuals using goods that have been produced using
new technologies that are currently under development, such as
major advances in mechatronics, nanotechnology, regenerative
medicine and contour crafting. Together with an economic analysis
of product liability it makes the book valuable for academics,
practitioners, policy makers and all those interested in the
subject.
With increasing digitalization and the evolution of artificial
intelligence, the legal profession is on the verge of being
transformed by technology (legal tech). This handbook examines
these developments and the changing legal landscape by providing
perspectives from multiple interested parties, including
practitioners, academics, and legal tech companies from different
legal systems. Scrutinizing the real implications posed by legal
tech, the book advocates for an unbiased, cautious approach for the
engagement of technology in legal practice. It also carefully
addresses the core question of how to balance fears of industry
takeover by technology with the potential for using legal tech to
expand services and create value for clients. Together, the
chapters develop a framework for analyzing the costs and benefits
of new technologies before they are implemented in legal practice.
This interdisciplinary collection features contributions from
lawyers, social scientists, institutional officials, technologists,
and current developers of e-law platforms and services.
Information requirements have become a key element of consumer
policy at the European level and are also gaining increasing
importance in all other areas of private law. The law stipulates
that information provided should not be misleading and also
involves requirements regarding the fairness and objectivity of
what has been provided. In addition to controlling the veracity of
what is voluntarily offered by traders, the law increasingly
requires disclosure of certain information. This volume focuses
especially on the question of how these information requirements
influence the party autonomy. International contributors explore in
various contexts whether the legislative policy regarding the
information requirements and their relationship to party autonomy
has been properly thought through.
This book brings together articles from leading experts in the
field of international dispute resolution. The main focus is on the
situation in Asia, though the European perspective also plays an
important part. Accordingly, the focus on the Asian dispute
resolution market with a distinctly American and European "touch"
is one of the book's most unique features. The dispute resolution
market is rapidly transforming, and dispute resolution law is
changing with it -especially in Asia. This book highlights recent
advances and outlines future trends in this area. Emphasis is
especially placed on International Commercial Arbitration Law on
the one hand; and on International Investment Arbitration Law on
the other. Two dedicated sections address these two topics, while
another is dedicated to a quite new phenomenon in the field of
international dispute resolution, the emergence of International
Commercial Courts not only in Asia, but also in other regions of
the world (e.g. in the Netherlands). This raises a host of
interesting legal questions, which the book addresses. The book's
final section investigates general trends in dispute resolution
(e.g. the rising cost problem in arbitration in general).
Disgorgement of profits is not exactly a household word in private
law. Particularly in civil law jurisdictions - as opposed to those
of the common law - the notion is not well known. What does it
stand for? It is best illustrated by examples. One of the best
known being the British case of Blake v Attorney General, [2001] 1
AC 268. In which a double spy had been imprisoned by the UK
government before escaping and settling in the former Soviet Union.
While there wrote a book on his experiences, upon which the UK
government claimed the proceeds of the book. The House of Lords, as
it then was, allowed the claim on the basis of Blake's breach of
his employment contract. Other examples are the infringement of
intellectual property rights, where the damages of the owner are
limited, but the profits of the wrongdoer immense. In such cases,
the question arises whether the infringing party should be
disgorged of his profits. This volume aims at establishing the
notion of disgorgement of profits as a keyword in the discourse of
private law. It does not purport to answer the question whether or
not such damages should or should not be awarded. It does however
aim to contribute to the discussion, the arguments in favour and
against, and the organisation of the various actions.
Since its first appearance in 1986, this magisterial work has won
uniform praise from many of the world's leading comparatists. It
has been acclaimed by senior judges and has been cited by the
courts of many countries. This new, substantially rewritten and
systematically updated fifth edition of the work, contains over 95
leading judgments, most translated in their entirety, along with
references to over 2,000 other decisions from Germany and the
common law world. While the book remains an ideal tool for teaching
comparative torts and comparative methodology, the fact that it has
been extensively rewritten makes it an indispensable source of
inspiration for those with a professional interest in tort
litigation and tort law reform. This edition has paid particular
attention to liability for internet activity, medical liability and
the protection of personality rights and private life.
Since its first appearance in 1986, this magisterial work has won
uniform praise from many of the world's leading comparatists. It
has been acclaimed by senior judges and has been cited by the
courts of many countries. This new, substantially rewritten and
systematically updated fifth edition of the work, contains over 95
leading judgments, most translated in their entirety, along with
references to over 2,000 other decisions from Germany and the
common law world. While the book remains an ideal tool for teaching
comparative torts and comparative methodology, the fact that it has
been extensively rewritten makes it an indispensable source of
inspiration for those with a professional interest in tort
litigation and tort law reform. This edition has paid particular
attention to liability for internet activity, medical liability and
the protection of personality rights and private life.
Nicolas, a bright but down-and-out character, tries to set his life
and relationships in order. He uses philosophy, logic, comedy, and
wit to finesse his way through the dilemmas that confront him.
(Drama)
"An indispensable and compact reference guide that provides an
ideal platform for scholars, practitioners (in-house counsel, legal
advisors and advocates) and students internationally. The reviewer
is tempted to extend this list to include commercial parties such
as the importers and exporters as the writing is clear, concise and
direct, contract clauses and practitioner tips sections are
provided, and finally because the book provides illustrations to
which they can relate." European Review of Private Law 2017 (of the
1st edition) Almost 5 years have passed since the first edition of
this popular work was published. Much relevant case law and legal
literature have since been published which requires treatment.
Furthermore, several hard and soft laws relevant to the book have
under gone important changes: the enactment of the new Chinese
Civil Code, the French Civil Code following extensive reforms in in
2016, the UNI DROIT Principles now apply as amended in 2016, and
the INCOTERMS 2020 replace the former INCOTERMS 2010. Scholars and
practitioners will find its systematic survey of the field
invaluable.
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