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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...
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This comprehensive book provides a comparative overview of legal institutions that intersect with everyday life: contracts, unilateral legal transactions, torts, negotiorum gestio and unjust enrichment. These institutions form the core of the Law of Obligations, which is examined in this book from the perspective of all major legal traditions including Civil, Common, Islamic and Chinese law.
"Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
Underpinned by a hybrid methodology (ranging from social sciences to human sciences), this book parses mediation in four perspectives, which stands as an unparalleled methodological approach so far. Mediation has long been tethered to piecemeal and haphazard approaches, which have flatly failed to capture the gist of the uniqueness of this (often) poorly latched on (and poorly understood) dispute resolution mechanism. This book argues that, in order to fully grasp the richness of such dispute resolution mechanism, mediation must be parsed in four tiers. The first tier is the social dynamics of mediation. The second tier is the cultural dynamics of mediation. The third tier is the legal dynam...
In The Crown, the Court and the Casa da Índia, Susannah Humble Ferreira examines the social and political context that gave rise to the Portuguese Overseas Empire during the reigns of João II (1481-95) and Manuel I (1495-1521). In particular the book elucidates the role of the Portuguese royal household in the political consolidation of Portugal in this period. By looking at the relationship of the Manueline Reforms, the expulsion of the Jews and the creation of the Santa Casa da Misericordia to the political threat brought on by the expansion of Ferdinand of Aragon into the Mediterranean, the author re-evaluates the place of the overseas expansion in the policies of the Portuguese crown.
Using cutting-edge theory regarding trade networks and diaspora, this book offers an innovative analysis of Sephardic merchants in 17th c. Amsterdam’s trade. Challenging views that Sephardic success stemmed from endogamous business relationships, it shows that Sephardic merchants traded with non-Sephardim.
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the Hague Academy of International Law."
Converso and Morisco are the terms applied to those Jews and Muslims who converted to Christianity in large numbers and usually under duress in late Medieval Spain. The Converso and Morisco Studies publications will examine the implications of these mass conversions for the converts themselves, for their heirs (also referred to as Conversos and Moriscos) and for Medieval and Modern Spanish culture. As the essays in this collection attest, the study of the Converso and Morisco phenomena is not only important for those scholars focused on Spanish society and culture, but for academics everywhere interested in the issues of identity, Otherness, nationalism, religious intolerance and the challenges of modernity. Contributors include Mercedes Alcalá-Galan, Ruth Fine, Kevin Ingram, Yosef Kaplan, Sara T. Nalle, Juan Ignacio Pulido Serrano, Miguel Rodrigues Lourenço, Ashar Salah, Gretchen Starr-LeBeau, Claude Stuczynski, and Gerard Wiegers.