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This book proposes a principled approach to the regulation of
dispute resolution. It covers dispute resolution mechanisms in all
their varieties, including negotiation, mediation, conciliation,
expert opinion, mini-trial, ombud procedures, arbitration and court
adjudication. The authors present a transnational Guide for
Regulating Dispute Resolution (GRDR). The regulatory principles
contained in this Guide are based on a functional taxonomy of
dispute resolution mechanisms, an open normative framework and a
modular structure of regulatory topics. The Guide for Regulating
Dispute Resolution is formulated and commented upon in a concise
manner to assist legislators, policy-makers, professional
associations, practitioners and academics in thinking about which
solutions best suit local and regional circumstances. The aim of
this book is to contribute to the understanding and development of
the legal framework governing national and international dispute
resolution. Theory, empirical research and regulatory models have
been taken from the wealth of experience in 12 jurisdictions:
Austria, Belgium, Denmark, England and Wales, France, Germany,
Italy, Japan, the Netherlands, Norway, Switzerland and the United
States of America. Experts with a background in academia, practice
and law-making describe and analyse the regulatory framework and
social reality of dispute resolution in these countries. On this
basis the authors draw conclusions about policy choices, regulatory
strategies and the practice of conflict resolution.
Recently the contract section of the German Civil Code was amended
after one hundred years of un-altered existence. The German Law of
Contract, radically recast, enlarged, and re-written since its
first edition, now details and explains for the first time these
changes for the benefit of Anglophone lawyers. One hundred and
twenty translated contract decisions also make this work a unique
source-book for students, academics, and practitioners. Along with
its companion volume, The German Law of Torts, the two volumes
provide one of the fullest accounts of the German Law of
Obligations available in the English language. Through its method
of presentation of German law, the book represents an original
contribution to the art of comparison. An additional feature of the
Contract volume is the way in which it reveals the growing impact
which European Directives are having upon the traditional, liberal,
contract model, thereby bringing German and English law closer to
each other, especially in the area of consumer protection.
Sometimes a breach of contract causes loss to a third party. This
book takes a comparative approach to the question when the third
party can recover that loss directly,and when the promisee can
recover it. The second issue has arisen in carriage of goods,
bailment, insurance and agency, and is becoming increasingly
significant in construction law, as the recent decision in Alfred
McAlpine Construction Ltd v. Panatown Ltd shows. The principal aim
is to clarify whether and when a promisee is allowed to recover
damages on behalf of a third party. The book also examines the
impact of the Contracts (Rights of Third Parties) Act 1999 and
recent judicial decisions seeking to increase the protection of the
interest in the performance of the contract. From the Foreword by
Lord Goff of Chieveley: "For those lawyers who, in their teaching
of contract law or of the law of damages, or in their work as
practising lawyers, have to consider problems arising in this
difficult field, this book will provide a context which is both
stimulating and illuminating."
Recently the contract section of the German Code was radically
amended after one hundred years of un-altered existence. "The
German Law of Contract", radically recast, enlarged, and
re-written, now details and explains for the first time these
changes for the benefit of Anglophone lawyers. Along with its
companion work, 'The German Law of Torts", the two volumes provide,
in a total of some 2,000 pages, one of the fullest accounts of the
German Law of Obligations available in the English (or German)
language. One hundred and twenty translated contract decisions make
this work a unique source-book for students, practitioners, judges
and academics wishing to have access to prime sources. Through its
method of presentation of German law, the book also represents an
original contribution to the art of comparison. An additional
feature of the Contract volume is the way in which it reveals the
growing impact which European Directives are having on the
traditional, liberal, contract model, thereby bringing German and
English law closer to each other, especially in the area of
consumer protection. The book will be of use to law students
reading contracts and comparative law, practitioners, judges and
businessmen.
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