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Maritime Risk Management
Insurance is a legal, an actuarial and a financial product, and it is one out of many risk management strategies. It follows that its history can only be studied in the broader context of the development of such strategies, applying an interdisciplinary approach. The theme of the present volume is maritime risk management. After an overview over the history of insurance, the contributions to the present volume examine different maritime risk management strategies by adopting a variety of methodological approaches. Some contributions focus on normative provisions, others contrast practice with legal scholarship, or focus on the emergence of insurance companies as opposed to individual insurers. Again, other contributions give insights in marine insurance practice in specific cities or analyse insurance practice through the lens of specific insurance litigation. As to the time frame, the different contributions span from antiquity to the nineteenth century.
Equity, Efficiency, and Ethics in Remedies for Breach of Contract
This book analyzes the conflict that emerges between parties after a breach of contract and how different legal remedies can best reduce conflict. Causes for conflict include equity, efficiency, and ethical reasons that parties might consider and use to blame the other or to justify breach. In the end, if not resolved through apologies or renegotiation, conflict leads to aggrievement and behavioral reactions in form of retaliation by the victim against the promisor in breach. The book provides empirical evidence from laboratory experiments for how individuals react to perceived wrongful acts such as breach of contract and for the function of legal remedies to reduce retaliation by disappoint...
Compensation of Private Losses
Tort law is one of the core areas of European private law, in particular in the field of business law. However, it often receives less attention than the well-known and widely published developments in the field of European contract law. In order to direct more attention to this important subject, an intensive Round Table discussion on the subject of the evolution of torts in European business law was held. The contributions to this volume reflect the results of the research undertaken by renowned European scholars and practitioners on central aspects such as competition law, company law and intellectual property. Each contribution particularly focuses upon the overarching tendencies and principles within the individual aspect of tort law, thereby directing attention to the future at European level of this essential area of private law. Readership: Lawyers, academics, legal departments, judges, legal professionals concerned with torts in European business law.
Narratives of Guilt and Innocence
Illustrates how the power of narrative influences how police, prosecutors, juries, and judges construct legal reality Wrongful convictions have been studied primarily through the lenses of law, psychology, and the social sciences. Though scholarship has established canonical factors that help explain why the innocent are convicted, a very simple question has not been answered: How is it possible that prosecutors can convince juries and themselves of the guilt of an innocent defendant, often even against strong exculpatory evidence? Narratives of Guilt and Innocence seeks to address this crucial question by highlighting the narrative blueprint of a given criminal justice system and then how t...
The German Historicist Tradition
This is the first history in English of German historicism, the intellectual tradition which holds that history is the key to understanding all human values, beliefs and actions. Beiser surveys the key thinkers from the mid-18th to the early 20th century and illuminates the sources and reasons for this revolution in modern thought.
The Characterization of Provisions Protecting Forced Heirs Against Lifetime Dispositions
Normally, forced heirship is primarily associated with a restraint of the decedent's testamentary freedom of disposition. Nevertheless, to effectively protect the forced heirs, forced heirship systems usually also contain various mechanisms to restrain the decedent's lifetime freedom of disposition. Scholars and courts have been debating the proper characterization of these mechanisms in conflicts of laws for decades. Raphael de Barros Fritz addresses the many open questions surrounding this issue by analysing the characterization of forced heirship mechanisms in the laws of Louisiana and Germany.
Justice and Peace
Justice and peace are key concepts in the discourse of many academic disciplines. Conceptually, they are obviously linked, but perennial disputes surround the question of their interdependence and whether priority must be accorded to justice or peace. This volume brings together a diverse group of internationally renowned scholars from the fields of political theory, philosophy, international relations, history, cultural anthropology, and law to address these overarching questions and offer suggestions on how the friction between justice and peace might be resolved. The contributors draw on long-standing philosophical debates in order to address historical as well as contemporary conflicts ranging from the establishment and enforcement of legal and political norms in the disputes of early modern Europe to present-day tensions inherent in the constitutionalization of international law.
Regional Private Laws and Codification in Europe
Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
Risk Management and Corporate Governance
The asymmetry of responsibilities between management and corporate governance both for day-to-day operations and the board’s monthly or quarterly review and evaluation remains an unresolved challenge. Expertise in the area of risk management is a fundamental requirement for effective corporate governance, if not by all, certainly by some board members. This means that along with board committees such as "compensation", "audit", "strategy" and several others, "risk management" committees must be established to monitor the likelihood of certain events that may cause the collapse of the firm. Risk Management and Corporate Governance allows academics and practitioners to assess the state of international research in risk management and corporate governance. The chapters overlay the areas of risk management and corporate governance on both financial and operating decisions of a firm while treating legal and political environments as externalities to decisions undertaken.
Börsen und multilaterale Handelssysteme im Wettbewerb
Durch die Richtlinie 2004/39/EG über Märkte für Finanzinstrumente (MiFID) ist der Börsenvorrang abgeschafft worden. Seither stehen Börsen und multilaterale Handelssysteme (MTF) in einem immer härter werdenden Wettbewerb um die Orderströme. In dieser Abhandlung wird untersucht, ob es bei der Regulierung von Börsen einerseits und MTF andererseits im deutschen und europäischen Kapitalmarktrecht Unterschiede, z. B. im Zulassungswesen oder bei der Haftung des Marktbetreibers, gibt, die einen fairen Wettbewerb zwischen diesen Handelssystemen beeinträchtigen können.
