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The Study Group on a European Civil Code has taken upon itself the
task of drafting common European principles for the most important
aspects of the law of obligations and for certain parts of the law
of property in movables which are especially relevant for the
functioning of the common market.
Like the Commission on European Contract Law's "Principles of
European Contract Law," the results of the research conducted by
the Study Group on a European Civil Code seek to advance the
process of Europeanization of private law. Among other topics the
series tackles sales and service contracts, distribution contracts
and security rights, renting contracts and loan agreements,
negotiorum gestio, delicts and unjustified enrichment law, transfer
of property, and trust law.
The principles furnish each of the national jurisdictions a grid
of reference. They can be agreed upon by the parties within the
framework of the rules of private international law. They may
provide a stimulus to both the national and European legislator for
molding private law. Beyond this, they aim to further discussion
about the creation of a European Civil Code, or a Common Frame of
Reference in the area of patrimonial law, by submitting a concrete
model.
The "Principles of European Law" are published in co-operation
with Bruylant (Belgium), Oxford University Press (United Kingdom)
and Staempfli Publishers Ltd. (Switzerland).
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.
The recent financial crisis has questioned whether existing
contracts may be adapted, terminated or renegotiated as a result of
unexpected circumstances. The question is not a new one. In
medieval times the notion of clausula rebus sic stantibus was
developed to cope with such situations, and Germany introduced the
theory of Wegfall der Geschaftsgrundlage. In England, the
Coronation cases provided one possible answer. This comparative
study explores the possibility of classifying jurisdictions as
'open' or 'closed' in this regard.
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.
The way the law responds to death or personal injury resulting from
medical treatment has changed over time. Expectations of success in
medical interventions have risen. Hospitals have become more
complex and use more advanced technology. This has had an impact on
the liability of medical practitioners, both in generating new
problems and in raising standards of expected care. While the focus
is civil liability, typically either through contract or tort, this
volume of essays also examines compensation systems outside private
law. This topic has grown in significance since 1945. The problems
encountered by the law are similar across the different
jurisdictions, even if the health service arrangements are
different. The legal changes are also set against changes in the
institutional background, such as the role of the state, the
availability of insurance and the professionalisation of medical
practitioners.
The recent financial crisis has questioned whether existing
contracts may be adapted, terminated or renegotiated as a result of
unexpected circumstances. The question is not a new one. In
medieval times the notion of clausula rebus sic stantibus was
developed to cope with such situations, and Germany introduced the
theory of Wegfall der Geschaftsgrundlage. In England, the
Coronation cases provided one possible answer. This comparative
study explores the possibility of classifying jurisdictions as
'open' or 'closed' in this regard."
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