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Globalization of contractual law
This book adopts the proposition that it is possible to the customs to be sources of contractual obligations. To support that premise, it was necessary to seek jurisprudential (arbitration and litigation) and comparative basis. Even more, due to contract law internationalization, customary international sources should be subject of domestic treatment, as they provide contractual obligations as well as they work as contractual interpretation tool. However, one can´t neglect the need to control the customary content. In detailed terms, then, we can say that the role reserved for the custom as contractual law rules source has always been residual in Brazilian law. Accompanying the modern Europ...
Austria, Estonia, Italy, Slovenia
This is the first of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code". Starting with general property law issues like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection, the reports primarily deal with the "derivative" transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingl...
Francesco Galgano
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PACTO ANTENUPCIAL SEGUNDO A TEORIA DO NEGÓCIO JURÍDICO
O presente trabalho corresponde à segunda parte expandida da tese de doutorado do autor, defendida em 29/09/2017 no âmbito da Faculdade de Direito da Universidade Federal do Paraná, sob a orientação dos professores Luiz Edson Fachin e Carlos Eduardo Pianovski Ruzyk. Na obra, o autor busca promover uma investigação minuciosa sobre os planos da existência, da validade e da eficácia do pacto antenupcial segundo uma perspectiva dogmática crítica, oferecendo-se, com isso, a base teórica necessária para colocar em debate seus limites e possibilidades, em especial no tocante ao direito sucessório brasileiro e à possibilidade de se dispor a respeito da concorrência sucessória no pacto antenupcial.
The Civic Muse
Siena, blessed with neither the aristocratic nor the ecclesiastical patronage enjoyed by music in other northern Italian centers like Florence, nevertheless attracted first-rate composers and performers from all over Europe. As Frank A. D'Accone shows in this scrupulously documented study, policies developed by the town to favor the common good formed the basis of Siena's ambitious musical programs. Based on decades of research in the town's archives, D'Accone's The Civic Muse brilliantly illuminates both the sacred and the secular aspects of more than three centuries of music and music-making in Siena. After detailing the history of music and liturgy at Siena's famous cathedral and of civic music at the Palazzo Pubblico, D'Accone describes the crucial role that music played in the daily life of the town, from public festivities for foreign dignitaries to private musical instruction. Putting Siena squarely on the Renaissance musical map, D'Accone's monumental study will interest both musicologists and historians of the Italian Renaissance.
Liability of Corporate Groups:Autonomy and Control in Parent-Subsidiary Relationships in U. S., German and EEC Law: An International and Comparative Perspective
Full Title: Liability of Corporate Groups: Autonomy and control in Parent-Subsidiary Relationships in US, German and EU Law, An International and Comparative Perspective. Corporation law dates from the 19th century when the growth of business enterprise required a division between the private and the company sphere, making the company a legal person with its own rights, responsibilities and liabilities. The company was no longer the legal equivalent of its owner but became a separate legal entity, providing a form of legal protection for the owners, employees and the customers. The introduction of company law meant a great step forward for those engaged in big business in Europe, the U.S. and elsewhere.
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...
Trade and Labour Standards
Mega-regional agreements have recently stirred controversy, producing a clash between the founding principles of liberalisation and protectionism, giving rise to competence issues between the European Union and its Member States. Although scholarly work has focused for years on the controversial “social clause”, it is now worth carrying out a detailed, legal analysis of the labour standards contained in the mega-regional trade agreements adopted and negotiated by the EU and the US. The topic gives rise to much controversy, as it is influenced by political convictions and election results. For this reason, it poses one of the most significant challenges to international labour law. Based on these considerations, this book examines the social dimension of three of the most relevant mega-regional trade agreements, namely TTP, CETA, and TTIP. It is argued that trade liberalisation should be accompanied by progress in the social and labour field.
Elgar Encyclopedia of Comparative Law, Second Edition
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyc...
Property Rights Dynamics
Issues such as the patentability of scientific ideas, the market for organs and open source software are hotly debated and yet poorly understood. In particular, there is a great need for sound economic theorizing on such issues. There is also a need for a clear and concise exposition of the state-of-the-art of the economics of property rights. This book fulfils these various needs.
