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Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean. - James Gordley, Tulane University School of Law Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: - succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike - written in a clear and engaging style - ample attention to the policy choices behind the rules - examples from a wide range of jurisdictions in both Europe, the UK and the US - places private law in its larger economic and societal context - addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations - considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.
Bringing together over 260 authors from 50 countries, the Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law. The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics – showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology. Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world’s most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law. Key Features: A comprehensive range of over 225 substantive entries Entries organised alphabetically for ease of navigation Fully cross-referenced Special focus on methods used in comparative scholarship Entries written by the world’s foremost scholars of comparative law World class editorial team
Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits' unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts. Key features of the third edition include: Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract law Draws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyond Focuses on legal method as well as substantive law Attractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information. With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.
Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries' legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners. Contributors: M. Abe, D. Bradley, W. Bull, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M.J. de Waal, H. Dedek, M. Deturbide, R. Dotevall, J.E. du Plessis, M.G. Faure, B. Fauvarque-Cosson, J. Fedtke, F. Ferrari, A. Fournier, J. Fu, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, E.J. Hughes, M. Hunter-Henin, J. Husa, N. Jansen, M.T. Kamminga, A.J. Kanning, S.M. Kroll, P. Letto-Vanamo, S.D. Lindenbergh, G. Lubbe, B. Lurger, L. Macgregor, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, H. Muir Watt, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O'Cinneide, A.E. Orucu, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, L. Rademacher, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, Z.D. Tarman, V. Thuronyi, M. Torsello, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, L. van Vliet, A. Vaquer, R. Verhagen, R. Verkerk, D. Visser, S. Vogenauer, M. Vranken, S. Weatherill, T. Weigend, B. Wessels, C.A. Williams, J. Ziller, P. Zumbansen
'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean. - James Gordley, Tulane University School of Law Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general. Key features include: - succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike - written in a clear and engaging style - ample attention to the policy choices behind the rules - examples from a wide range of jurisdictions in both Europe, the UK and the US - places private law in its larger economic and societal context - addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations - considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.
This volume argues for a legal scholarship that maintains its identity vis-a-vis neighboring disciplines without collapsing into doctrinairism."
In a context of changing times and current debate, this highly topical book discusses the aims, methods and organisation of legal scholarship. Jan Smits assesses the recent turn away from doctrinal research towards a more empirical and theoretical way of legal investigation and offers a fresh perspective on what it is that legal academics should deal with and how they should do it. The book also considers the consequences which follow for the organisation of the legal discipline by universities and uses this context to discuss the key questions of the internationalisation of law schools, quality assessments, legal education and the research culture. Being the first book to address the aim and goals of legal scholarship in an international context, this insightful study will appeal to academics, graduate students, researchers and policymakers in higher education."
This book offers four stimulating views on European integration and law. Four experts in the fields of European law, private law, criminal law and company law discuss to what extent European integration has affected their respective fields of interest. In addition to this, they offer their views on the future of European integration. This makes this book indispensable to anyone interested in the European Union and its all pervasive influence on national law. The contributors are Deirdre Curtin, Jan Smits, Andr Klip and Joseph A. McCahery. This volume marks the 25th anniversary of the Faculty of Law of Maastricht University. In these 25 years, the Maastricht Faculty of Law has become a forerunner in European legal education and research. It offers the European Law School program and hosts the Ius Commune Research School.
Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries' legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners. Contributors: M. Abe, D. Bradley, W. Bull, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M.J. de Waal, H. Dedek, M. Deturbide, R. Dotevall, J.E. du Plessis, M.G. Faure, B. Fauvarque-Cosson, J. Fedtke, F. Ferrari, A. Fournier, J. Fu, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, E.J. Hughes, M. Hunter-Henin, J. Husa, N. Jansen, M.T. Kamminga, A.J. Kanning, S.M. Kroll, P. Letto-Vanamo, S.D. Lindenbergh, G. Lubbe, B. Lurger, L. Macgregor, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, H. Muir Watt, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O'Cinneide, A.E. Orucu, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, L. Rademacher, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, Z.D. Tarman, V. Thuronyi, M. Torsello, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, L. van Vliet, A. Vaquer, R. Verhagen, R. Verkerk, D. Visser, S. Vogenauer, M. Vranken, S. Weatherill, T. Weigend, B. Wessels, C.A. Williams, J. Ziller, P. Zumbansen
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