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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.
The Digital Services Act provides a framework for all categories of
content, products, services and activities on intermediary
services. It builds on existing liability rules and is directly
applicable to all intermediary services provided to residents of
the European Union, irrespective of the place of establishment of
the service provider. In this commentary, a team of experts work
meticulously, article-by-article, to set out precisely the
obligations and liabilities that it gives rise to. All lawyers in
the field of digital services will find this invaluable.
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
++++ The below data was compiled from various identification fields
in the bibliographic record of this title. This data is provided as
an additional tool in helping to ensure edition identification:
++++ Ludwig Von Arndts Franz Hofmann, Karl Ludwig Arndts von
Arnesberg (ritter) Alfred Holder, 1878
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
++++ The below data was compiled from various identification fields
in the bibliographic record of this title. This data is provided as
an additional tool in helping to ensure edition identification:
++++ Verwandtschaft Und Familie ... Franz Hofmann Hof- und
staatsdruckerei, 1891
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