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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
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In force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) is considered to be the most successful convention promoting international trade. According to many commentators, this success is due, among others, to the fact that the Convention does not directly impact on the domestic law of the various legal systems, as it applies only to international - as opposed to purely domestic - contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convent...
"This interdisciplinary book compares legal responses to social parenthood, exploring how legal systems recognize adults-including same-sex partners, stepparents, nonmarital partners, grandparents, fictive kin, and other caretakers-who are parenting children, but who are not typically treated as legal parents"--
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are...
The Changing Concept of ‘Family’ and Challenges for Domestic Family Law explores the changing concept of ‘family’, with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for ‘horizontal’ (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), ‘vertical’ (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and ‘individual’ (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law. This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.
This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.
The Yearbook of Muslims in Europe provides an up-to-date account of the situation of Muslims in Europe. Covering 46 countries of Europe from the Atlantic to the Urals, the Yearbook consists of three sections: the first section presents a country-by-country summary of essential data with basic statistics with evaluations of their reliability, surveys of legal status and arrangements, organisations, etc. Data have been brought up to date from the first volume. The second section contains analysis and research articles on issues and themes of current relevance written by experts in the field. The final section provides reviews of recently published books of significance. The Yearbook is an important source of reference for government and NGO officials, journalists, and policy makers as well as researchers
In Environmental Ethics and Medical Reproduction, Dr. Cristina Richie uses the term "medicalized reproduction" (MR) to describe the impact of technology on human reproduction, including from pre-conception gamete retrieval, in-vitro fertilization (IVF), and birthing suites. Unlike other areas of high-carbon health care, such as organ transplantation or chemotherapy, medicalized reproduction does not treat, cure, or prevent disease. It is supported by an economized medical industry, and as such, is open for ethical scrutiny. This book considers how technology has fundamentally changed the discussion on biomedical ethics, environmental ethics, and reproductive ethics.
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.