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Private Enforcement of EC Competition Law
The European Commission's recent green paper on damages actions for breach of EC antitrust rules stirred a debate across Europe on the need for legal reform that would encourage private plaintiffs to claim compensation for losses suffered as a result of anticompetitive conduct. Prominent in the wake of that initiative was the international conference convened by the Max Planck Institute for Comparative and International Private Law in Hamburg in April 2006, the papers and proceedings of which are presented in this important book. Among the topics and issues raised and discussed here are the following: the 2001 Courage judgment of the European Court of Justice, in which the court decided that...
Mass Justice
This insightful book considers phenomena such as mass torts, which affect numerous victims, and complex insolvency cases, which concern multiple and often competing interests. The editors identify and respond to the need for reflection on the notion of ?mass justice?. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings. This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy-makers.
Collective and Mass Litigation in Europe
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
Resolving Mass Disputes
Raising a series of questions on resolving mass disputes, and fuelling future debate, this book will provide a challenging and thought-provoking read for law academics, practitioners and policy-makers.
Frontiers in Civil Justice
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.
European Rules of Civil Procedure
European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.
Resolving Mass Disputes: Consumer alternative dispute resolution
'Legal systems worldwide are increasingly grappling with the legal and logistic complexities of collective actions and claims. Although the US-style class action contrasts sharply with the European focus on individual litigation, policy-makers throughout Europe are seeking to reduce judicial budgets, to enhance self-reliance through ADR schemes and to introduce new and efficient forms of redress through collective litigation. Meanwhile, the market for justice is becoming increasingly globalised. Thus, a sense of judicial competition between jurisdictions may accelerate a European movement towards new procedures and paradigms in the realm of collective redress. Against this background, this f...
Festschrift für Ekkehard Schumann zum 70. Geburtstag
English summary: This Festschrift is a combined effort made by colleagues, friends and contemporaries of Prof. Dr. Dr. h.c. Schumann to honor him on his 70th birthday. From 1967 to 2000, Ekkehard Schumann held the chair in procedural law and civil law at the Faculty of Law at the University of Regensburg. In his scholarly works, he dealt mainly with the law of civil procedure, and he started to work on the European law of civil procedure very early on. This is why most of the articles in this volume focus on national and international procedural law. German description: Mit dieser Festschrift wird Ekkehard Schumann aus Anlass seines 70. Geburtstages von seinen Kollegen, Freunden und Weggefahrten geehrt. Ekkehard Schumann hatte von 1967 bis 2000 den Lehrstuhl fur Prozessrecht und Burgerliches Recht an der Juristischen Fakultat der Universitat Regensburg inne. Sein wissenschaftliches Werk galt vor allem dem Zivilprozessrecht, schon fruh auch dem Europaischen Zivilprozessrecht. Deshalb bilden Beitrage zum nationalen und internationalen Verfahrensrecht den Schwerpunkt der Festschrift.
Gifts
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems...
