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The Recovery of Non-Pecuniary Loss in European Contract Law
A pioneering work capturing the recent rise of moral damages in modern European contract law.
Foundations of Property Law
An abridged translation of Christian von Bar's Gemeineuropäisches Sachenrecht I, this book outlines the conceptual framework of 'property law' as a domain of erga omnes monopoly rights. In this book, the dynamics of interaction between the objects, contents, and holders of property are examined in a comprehensive analysis.
Non-contractual Liability Arising Out of Damage Caused to Another
In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dang...
Justifying Strict Liability
The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justif...
Italian Discourse
Using the Natural Semantic Metalanguage methodology, Gian Marco Farese presents a comprehensive analysis of the most important Italian cultural keywords and cultural scripts that foreign learners and cultural outsiders need to know to become linguistically and culturally proficient in Italian. Farese focuses on the words and speech practices that are used most frequently in Italian discourse and that are uniquely Italian: both untranslatable into other languages and reflective of salient aspects of Italian culture and society. Italian Discourse: A Cultural Semantic Analysis sheds light on ways in which the Italian language is related to Italians’ character, values, and way of thinking, and it does so in contrastive perspective with English. Each chapter focuses on a cultural keyword, tracing the term through novels, plays, poems, and songs. Italian Discourse will be an important resource for anyone interested in Italian studies and Italian linguistics, as well as in semantics, cultural studies, linguistic anthropology, cognitive linguistics, intercultural communication, and translation.
Boilerplate Clauses, International Commercial Contracts and the Applicable Law
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
The Law of Open Societies
This book endeavours to interpret the development of private international law in light of social change. Since the end of World War II the socio-economic reality of international relations has been characterised by a progressive move from closed to open societies. The dominant feature of our time is the opening of borders for individuals, goods, services, capital and data. It is reflected in the growing importance of ex ante planning – as compared with ex post adjudication – of cross-border relations between individuals and companies. What has ensued is a shift in the forces that shape international relations from states to private actors. The book focuses on various forms of private ordering for economic and societal relations, and its increasing significance, while also analysing the role of the remaining regulatory powers of the states involved. These changes stand out more distinctly by virtue of the comparative treatment of the law and the long-term perspective employed by the author. The text is a revised and updated version of the lectures given by the author during the 2012 summer courses of the Hague Academy of International Law.
Il ricongiungimento familiare dello straniero in Italia
I flussi migratori, iniziati da oltre un ventennio, hanno fatto sorgere in relazione alla questione dell’integrazione degli immigrati, il tema del ricongiungimento con le famiglie d’origine e la questione della relativa disciplina giuridica. Sul piano dei diritti, il legislatore, si dibatte tra l’esigenza di riconoscere e salvaguardare il principio fondamentale di tutela dell’unità familiare e la necessità di dettare norme tese alla regolamentazione dei flussi in modo tale da garantire la sicurezza nazionale. Le diverse riforme, pertanto, si sono confrontate con il dovere di garantire il difficile equilibrio tra diritto della famiglia, diritto all’affettività e potestà statuale...
Banking Law in the 21st Century
This volume includes some of the scientific papers submitted at the 14th historical edition of the International Conference "Contemporary Approaches in Banking and Financial Law" that was held on 15 April, 2021 online on Zoom. The conference is organized every year by the European Association of Banking and Financial Law-Romania together with the Society of Juridicial and Administrative Sciences. More information about the conference can be found on the official website: www.bankingandfinanciallaw.adjuris.ro. The scientific studies included in this volume are grouped into edi-tor's note with presentation of keynote speakers panel remarks and two chapters: Exercise of banking activity, operations and contracts and Activity, organization and functioning of credit institutions. Finan-cial law topics. This volume is aimed at practitioners, researchers, students and PhD candidates in banking law, who are interested in recent developments and prospects for development in this field at international and national level.
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...
