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"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.
More than half of the world's population lives under law codes. Yet, defining the concept of codification remains elusive. Rather than delving into abstract theories, this book provides a rich and contextual comparative legal history of codes in France, Germany, the Netherlands, and Belgium from the late eighteenth century to the present. The author starts by examining the evolution of French, German, Dutch, and Belgian codes in their political and comparative context, thus challenging deeply rooted national narratives. He covers the well-studied civil codes and the often-overlooked commercial and procedural codes and drafts that failed to become law. Against this backdrop, the book embarks ...
A pioneering work capturing the recent rise of moral damages in modern European contract law.
The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.
"Regions such as Scotland and Catalonia have their own legal systems: how will the process of 'Europeanisation' 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 (such as Scotland and Catalonia) 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 the process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy makers"--Provided by publisher.
Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni V...
This study discusses how and why public and elite opinion moved towards the requirement of the abolishment of the European blasphemy laws, analyzing the case Adel Smith opened against Oriana Fallaci as an example. Consequently, non-governmental organizations initiated mediation programs between Eastern and Western cultures. Such programs should lead to the abolition of the blasphemy law in Europe as a democratic continent.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Spain covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emph...
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.
La present obra constitueix un comentari sistemàtic i complet a cadascun dels articles del llibre primer del Codi civil de Catalunya, que com a aportació destacada ordena i relaciona la jurisprudència que l’ha aplicat. L’aprovació de la Llei 29/2002, de 30 de desembre, Primera Llei del Codi civil de Catalunya, va suposar l’inici del procés de codificació i refosa del nostre dret en un únic cos normatiu. Des de la seva entrada en vigor, l’1 de gener de 2004, tant les matèries relatives a prescripció i a caducitat del llibre primer, com les pròpies de les disposicions preliminars, han donat lloc a un important cos jurisprudencial en la seva aplicació. Les normes sobre fonts ...