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This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
Rosalie Koolhoven behandelt das niederländische Bereicherungsrecht anhand der Voraussetzungen des Artikels 6:212 des niederländischen Bürgerlichen Gesetzbuches, in dem der Schadensersatzanspruch im Mittelpunkt steht. Die offene Norm des Bereicherungsrechts zählt zu den undurchsichtigsten Kapiteln des Schuldrechts, insbesondere weil das Verhältnis zum Recht der ungeschuldeten Leistung in Mehrparteienverhältnissen unklar ist – im niederländischen Recht ist es als Restitutionsklage strikt getrennt vom bereicherungsrechtlichen Schadensersatzanspruch. Der bereicherungsrechtliche Schadensersatzanspruch begründet eine Haftung bei einer Bereicherung, einer Verarmung, einem Kausalverband zw...
English summary: For a comparative approach in the field of private enforcement, Dutch law offers an interesting variety of legal instruments. The Netherlands not only has the right of collective action in civil law, but also a recent regulation concerning collective redress in mass tort cases. Andreas Mom analyzes the legislation of collective action and the corresponding jurisprudence and examines the similarities and the differences between the Dutch and the German solutions. Of special interest is the Act on Collective Settlement of Mass Damages of 2005, which for the first time provides a judicial collective procedure in order to rationalize and economize mass claims. In addition to the...
Voorts een alphabetische lijst van Nederlandsche boeken in België uitgegeven.
In a fresh and original account, Lloyd Freeburn challenges the conventional conception of contracts as the consent-based legal foundation of international sports law. The prevailing legal orthodoxy is shown to be untenable, failing to explain or justify international sports governing bodies’ regulatory power or their control over the livelihoods and liberty of participants in sport. The non-consensual jurisdiction of the Court of Arbitration for Sport is similarly tainted. But this significant challenge is not made simply to undermine international sport’s regulatory regime. A sound legal foundation for regulatory authority in sport is both desirable and necessary. Consequently, effective reform is urgently required to support the regime’s legality and to give it legitimacy by resolving the regime’s democratic deficit.
Empirical legal research is a growing field of academic expertise, yet lawyers are not always familiar with the possibilities and limitations of the available methods. Empirical Legal Research in Action presents readers with first-hand experiences of empirical research on law and legal issues.
The Spanish Civil War, begun in July 1936, was a preliminary round of World War II. Hitler's and Mussolini's cooperation with General Franco resulted in the Axis agreement of October 1936 and the subsequent Pact of Steel of May 1939, immediately following the end of the Civil War. This study presents comprehensive documentation of Hitler's use of the upheaval in Spain to strengthen the Third Reich diplomatically, ideologically, economically, and militarily. While the last great cause drew all eyes to Western Europe and divided the British and especially the French internally, Hitler could pursue territorial gains in Eastern Europe. This book, based on little-known German records and recently opened Spanish archives, fills a major gap in our understanding of one of the 20th century's most significant conflicts. Its comprehensive treatment of German-Spanish relations from 1936 through 1939, bringing together diplomatic, economic, military, and naval aspects, will be of great value to specialists in European diplomacy and the political economy of Nazi imperialism, as well as to all students of the Spanish Civil War.
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
This is the autobiography of the famous flier, Charles A. Lindbergh, written almost immediately after his famous flight across the Atlantic Ocean from New York to Paris on May 20-21, 1927. This historic flight by Charles Lindbergh took him from being a little known US Postal Service Air Mail pilot and made him into one of the most famous if not the most famous person in the world. The main impetus for the flight was the $25,000 Orteig Prize offered by the French-born New York hotelier Raymond Orteig. He offered the prize to be awarded to the pilot of the first successful nonstop flight made in either direction between New York City and Paris. The book, which was also soon translated into mos...
What this book intends to do is to study three-dimensionalism (the distinction values-norms-facts) not in what could be called its historical dimension, but in its substantive aspect, as a “form” that, when applied to different legal themes, would add a “material content” to the three-dimensional theory. We can point out, as a study plan, the distinction between “three” perspectives: Those of the legal norm, of the legal order, and the legal relationship. Three-dimensionalism also appears in this work when one analyzes the “three” phases of the life of the law: The formation, the interpretation, and the application; and in the distinction between the “three” characteristics of the legal order: Fullness, coherence, and unity—the theory of legal validity, intended as legitimacy, as validity strictly speaking, or as effectiveness.