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Examining general principles of law provides one of the most
instructive examples of the intersection between EU law and
comparative law. This collection draws on the expertise of
high-profile and distinguished scholars to provide a critical
examination of this interaction. It shows how general principles of
EU law need to be responsive to national laws. In addition, it is
clear that the laws of the Member States have no choice but to be
responsive to the general principles which are developed through EU
law. Viewed through the perspective of proportionality, legal
certainty, and fundamental rights, the dynamic relationship between
the ingenuity of the Court of Justice, the legislative process and
the process of Treaty revision is comprehensively illustrated.
Examining general principles of law provides one of the most
instructive examples of the intersection between EU law and
comparative law. This collection draws on the expertise of
high-profile and distinguished scholars to provide a critical
examination of this interaction. It shows how general principles of
EU law need to be responsive to national laws. In addition, it is
clear that the laws of the Member States have no choice but to be
responsive to the general principles which are developed through EU
law. Viewed through the perspective of proportionality, legal
certainty, and fundamental rights, the dynamic relationship between
the ingenuity of the Court of Justice, the legislative process and
the process of Treaty revision is comprehensively illustrated.
The purpose of this book is to honour the influential and
wide-ranging work of Professor Hugh Beale. It contains essays by
twenty-five very distinguished authors, each of whom has worked
with Professor Beale as a co-author, as a teaching colleague,
during his time as Law Commissioner of England and Wales, or as
part of the study groups working in Europe on contract and
commercial law. The essays reflect different aspects of Professor
Beale's interests. Some concentrate on English contract law, either
from a historical or a current perspective, while others are
focused on aspects of European contract law. There are four essays
looking at current issues relating to security and financing, and,
as befits a former Law Commissioner, three essays on law reform.
The essays in the final section discuss trends in transnational and
European commercial law. This book brings together the reflections
of eminent writers from all over Europe on important issues facing
contract and commercial law and will be of interest to all scholars
and practitioners working in these areas.
The purpose of this book is to honour the influential and
wide-ranging work of Professor Hugh Beale. It contains essays by
twenty-five very distinguished authors, each of whom has worked
with Professor Beale as a co-author, as a teaching colleague,
during his time as Law Commissioner of England and Wales, or as
part of the study groups working in Europe on contract and
commercial law. The essays reflect different aspects of Professor
Beale's interests. Some concentrate on English contract law, either
from a historical or a current perspective, while others are
focused on aspects of European contract law. There are four essays
looking at current issues relating to security and financing, and,
as befits a former Law Commissioner, three essays on law reform.
The essays in the final section discuss trends in transnational and
European commercial law. This book brings together the reflections
of eminent writers from all over Europe on important issues facing
contract and commercial law and will be of interest to all scholars
and practitioners working in these areas.
The European Court of Justice has been alluding to 'abuse and
abusive practices' for more than 30 years, but for a long time the
significance of these references has been unclear. Few lawyers
examined the case law, and those who did doubted whether it had led
to the development of a legal principle. Within the last few years
there has been a radical change of attitude, largely due to the
development by the Court of an abuse test and its application
within the field of taxation. In this book, academics and
practitioners from all over Europe discuss the development of the
Court's approach to abuse of law across the whole spectrum of
European Union law, analyzing case-law from the 1970s to the
present day and exploring the consequences of the introduction of
the newly designated 'principle of prohibition of abuse of law' for
the development of the laws of the EU and those of the Member
States.
This is the third edition of the widely acclaimed and successful
casebook on contract in the Ius Commune series, developed to be
used throughout Europe and beyond by anyone who teaches, learns or
practises law with a comparative or European perspective. The book
contains leading cases, legislation and other materials from
English, French and German law as the main representatives of the
legal traditions within Europe, as well as EU legislation and case
law and extracts from the Principles of European Contract Law.
Comparisons are also made to other international restatements such
as the Vienna Sales Convention, the UNIDROIT Principles of
International Commercial Contracts, the Draft Common Frame of
Reference and so on. Materials are chosen and ordered so as to
foster comparative study, complemented with annotations and
comparative overviews prepared by a multinational team. The third
edition includes many new developments at the EU level (including
the ill-fated proposal for a Common European Sales Law and further
developments linked to the digital single market) and in national
laws, in particular the major reform of the French Code civil in
2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The
principal subjects covered in this book include: An overview of EU
legislation and of soft law principles, and their interrelation
with national law The distinctions between contract and property,
tort and restitution Formation and pre-contractual liability
Validity, including duties of disclosure Interpretation and
contents; performance and non-performance Remedies Supervening
events Third parties.
Studies in the Contract Laws of Asia provides an authoritative
account of the contract law regimes of selected Asian
jurisdictions, including the major centres of commerce where
limited critical commentaries have been published in the English
language. Each volume in the series aims to offer an insider's
perspective into specific areas of contract law - remedies,
formation, parties, contents, vitiating factors, change of
circumstances, illegality, and public policy - and explores how
these diverse jurisdictions address common problems encountered in
contractual disputes. A concluding chapter draws out the
convergences and divergences, and other themes. All the Asian
jurisdictions examined have inherited or adopted the common law or
civil law models of European legal systems. Scholars of legal
transplant will find a mine of information on how received law has
developed after the initial adaptation and transplant process,
including the mechanisms of and influences affecting these
developments. At the same time, many points of convergence emerge.
These provide good starting points for regional harmonization
projects. Volume II of this series deals with contract formation
and contracts for the benefit of third parties in the laws of
China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong,
Korea, Vietnam, Cambodia, Thailand, Indonesia, and Myanmar.
Typically, each jurisdiction is covered in two chapters; the first
deals with contract formation, while the second deals with
contracts for the benefit of third parties.
Studies in the Contract Laws of Asia provides an authoritative
account of the contract law regimes of selected Asian
jurisdictions, including the major centres of commerce where
limited critical commentaries have been published in the English
language. Each volume in the series aims to offer an insider's
perspective into specific areas of contract law - remedies,
formation, parties, contents, vitiating factors, change of
circumstances, illegality, and public policy - and explores how
these diverse jurisdictions address common problems encountered in
contractual disputes. A concluding chapter draws out the
convergences and divergences, and other themes. All the Asian
jurisdictions examined have inherited or adopted the common law or
civil law models of European legal systems. Scholars of legal
transplant will find a mine of information on how received law has
developed after the initial adaptation and transplant process,
including the mechanisms of and influences affecting these
developments. At the same time, many points of convergence emerge.
These provide good starting points for regional harmonization
projects. Volume III of this series deals with the contents of
contracts and unfair terms in the laws of China, Hong Kong, India,
Indonesia, Japan, Korea, Malaysia, Myanmar, the Philippines,
Singapore, Taiwan, Thailand, and Vietnam. Typically, each
jurisdiction is covered in two chapters: the first deals with the
contents of contracts and how contractual terms are identified and
interpreted; the second deals with unfair terms, the situations
where the law will interfere in matters of 'unfairness' relating to
contract terms, and legal responses to unfair terms.
Die Geschichte der neuzeitlichen Rechtswissenschaft, ihre Theorie
und Methode stehen im Mittelpunkt des Werkes von Jan Schröder. Er
hat mehr als vier Jahrzehnte lang Studien zur Geschichte der
Rechtswissenschaft von der Frühen Neuzeit bis zum 20. Jahrhundert
veröffentlicht und gilt als einer der besten Kenner der Materie.
Der vorliegende Band 2 führt seine Aufsatzsammlung fort und
enthält 28 der wichtigsten zwischen 1987 und 2022 entstandenen
Arbeiten. Er beginnt in der frühesten Neuzeit ("Zur Bedeutung der
Wörter in der Rechts- und Sprachtheorie der frühen Neuzeit") und
endet mit Abhandlungen zum späten 20. Jahrhundert (u.a. "Die
Fischereirechte des Staates in Württemberg"; "Verzichtet unser
Rechtssystem auf Gerechtigkeit?"). Erstmals erscheinen hier
Aufsätze über Johannes Reuchlin, die Geschichte der
Wissenschaftsgeschichte des Rechts und die Geschichte der
juristischen Begriffsbildung. Den Band ergänzen eine Reihe von
Nachrufen, ein Geburtstagsglückwunsch und zwei Dankesreden.
This book presents, analyses and evaluates the Principles of Latin
American Contract Law (PLACL), a recent set of provisions aiming at
the harmonisation of contract law at a regional level. As such, the
PLACL are the most recent exponent of the many proposals for
transnational sets of 'principles of contract law' that were
drafted or published over the past 20 years, either at the global
or the regional level. These include the UNIDROIT Principles of
International Commercial Contracts, the Principles of European
Contract Law, the (European) Draft Common Frame of Reference and
the Principles of Asian Contract Law. The PLACL are the product of
a working group comprising legal academics from Argentina, Brazil,
Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles
of the instrument deal with problems of general contract law, such
as formation, interpretation and performance of contracts, as well
as remedies for breach. The book aims to introduce the PLACL to an
international audience by putting them in their historical and
comparative context, including other transnational harmonisation
measures and initiatives. The contributions are authored by
drafters of the PLACL and contract law experts from Europe and
Latin America.
This book presents, analyses and evaluates the Principles of Latin
American Contract Law (PLACL), a recent set of provisions aiming at
the harmonisation of contract law at a regional level. As such, the
PLACL are the most recent exponent of the many proposals for
transnational sets of 'principles of contract law' that were
drafted or published over the past 20 years, either at the global
or the regional level. These include the UNIDROIT Principles of
International Commercial Contracts, the Principles of European
Contract Law, the (European) Draft Common Frame of Reference and
the Principles of Asian Contract Law. The PLACL are the product of
a working group comprising legal academics from Argentina, Brazil,
Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles
of the instrument deal with problems of general contract law, such
as formation, interpretation and performance of contracts, as well
as remedies for breach. The book aims to introduce the PLACL to an
international audience by putting them in their historical and
comparative context, including other transnational harmonisation
measures and initiatives. The contributions are authored by
drafters of the PLACL and contract law experts from Europe and
Latin America.
This book contains the first major comparative study of litigation
costs and methods of funding litigation in more than 30
jurisdictions. It was linked with the most comprehensive review of
costs ever carried out in England and Wales by Lord Justice Jackson
in 2009 and benefited from the assistance of leading practitioners
around the globe. The study analyses the principles and rules that
relate to paying courts, witnesses and lawyers, and the rules on
cost shifting, if any. It also notes the major ways in which
litigation can be funded, identifying the global trend on
contraction of legal aid, the so far limited spread of contingency
fees, and the growing new phenomenon of private third party
litigation funding. The study also presents the results of nine
case studies of typical claim types, so as to give a first overview
comparison of which countries' legal systems are cheaper or more
expensive. The book further contains national chapters with in
depth analysis contributed by scholars in 18 jurisdictions
(Australia, Belgium, Canada, China, Denmark, England & Wales,
France, Germany, Japan, the Netherlands, New Zealand, Poland,
Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further
chapter on Latin American jurisdictions. 'Dr Hodges, Professor
Vogenauer and Dr Tulibacka have conducted an excellent and thorough
comparative study of litigation costs and funding across a wide
range of jurisdictions ('the Oxford study'). The Oxford study is
important, because it provides both context and background for any
critical examination of our own costs and funding rules... I
commend this book both for its breadth and detail and also for its
percipient commentary. This work will make a valuable contribution
to the debate which lies ahead about how the costs and funding
rules of England and Wales should be reformed in order to promote
access to justice.' From the Foreword by Lord Justice Jackson,
Royal Courts of Justice, 16th July 2010
The 2005 Avant-projet de reforme du droit des obligations et de la
prescription, also dubbed the Avant-projet Catala, suggests the
most far-reaching reform of the French Civil code since it came
into force in 1804. It reviews central aspects of contract law, the
law of delict and the law of unjustified enrichment. There is
currently a very lively debate in France as to the merits or the
demerits of both the particular draft provisions and the general
idea of recodification as such. This volume is the first
publication to introduce the reform proposals to an English
speaking audience. It contains the official English translation of
the text, and distinguished private lawyers from both England and
France analyse and assess particularly interesting aspects of the
substantive draft provisions in a comparative perspective. Topics
covered include negotiation and renegotiation of contracts, la
cause, the enforcement of contractual obligations, termination of
contract and its consequences, the effects of contracts on third
parties, the definition of la faute, the quantification of damages,
and the law of prescription. The volume also contains an overall
assessment of the draft provisions by one of the most senior French
judges who chaired the Working Party on the Avant-projet,
established by the French Supreme Court, the Cour de cassation. The
book is indispensable for comparative private lawyers and lawyers
with a particular interest in French law. It is also of use to all
private lawyers (both academics and practitioners) looking for
information on recent international and European trends in contract
and tort.
After an extended period in which the European Community has merely
nibbled at the edges of national contract law, the bite of a
'European contract law' has lately become more pronounced. Many
areas of law, from competition and consumer law to gender equality
law, are now the subject of determined efforts at harmonisation,
though they are perhaps often seen as peripheral to mainstream
commercial contract law. Despite continuing doubts about the
constitutional competence of the Commission to embark on further
harmonisation in this area, European contract law is now taking
shape with the Commission prompting a debate about what it might
attempt. A central aspect of this book is the report of a
remarkable survey carried out by the Oxford Institute of European
and Comparative Law in collaboration with Clifford Chance, which
sought the views of European businesses about the advantages and
disadvantages of further harmonisation. The final report of this
survey brings much needed empirical data to a debate that has thus
far lacked clear evidence of this sort. The survey is embedded in a
range of original and up-to-date essays by leading European
contract scholars reviewing recent developments, questioning
progress so far and suggesting areas where further analysis and
research will be required
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