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Contract I
The Acquis Group - also known as the European Research Group on Existing EC Private Law - pursues the objective of presenting, in a restated form known as the Acquis Principles, the large and sometimes incoherent patchwork of existing EC private law. These principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps. They function as a tool for the better understanding and improvement of EC private law. They are also intended to ensure that the existing EC law is appropriately reflected in the broader Common Frame of Reference. The principles include a commentary outlining the Acquis foundations, as well as definitions of core legal terms and a glossary on terminology. Formulated with the Acquis Principles in mind, Contract I is the first of a new series. It covers the areas of general EC contract law which surround the formation of contracts, including key rules on pre-contractual duties, the conclusion of a contract, and its content.
General Principles of European Private International Law
European private international law, as it stands in the Rome I, II, and III Regulations and the recent Succession Regulation, presents manifold risks of diverging judgments despite seemingly harmonised conflict of law rules. There is now a real danger, in light of the rapid increase in the number of legal instruments of the European Union on conflict of laws, that European private international law will become incoherent. This collection of essays by twenty noted scholars in the field sheds clear light on the pivotal issues of whether a set of overarching rules (a 'general part') is required, whether an EU regulation is the adequate legal instrument for such a purpose, which general question...
Principles, Definitions and Model Rules of European Private Law
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Rome I Regulation
Will the new Rome I Regulation meet its goals - to improve the predictability of the outcome of litigation? - to bring certainty as to the law applicable and the free movement of judgments? - to designate the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument were outlined and discussed by distinguished legal experts from all over Europe and beyond at the conference "The Rome I Regulation", held in Verona on March 2009. This first book in English on the Rome I Regulation contains the papers submitted to that conference.
Rome I Regulation
In Europe, will the new Rome I Regulation meet its goals, which include: improving the predictability of the outcome of litigation, bringing certainty as to the law applicable and the free movement of judgments, and designating the same national law irrespective of the country of the court in which an action is brought? The most important features of this instrument are outlined and discussed in this book, which is a product of the conference "The Rome I Regulation," held in Verona in March 2009, and attended by legal experts from Europe and beyond. The book contains a collection of papers submitted at the conference.
Intellectual Property and Private International Law
Seit der Zeit, in der die Rechte des geistigen Eigentums ihre heutige Form gewonnen haben, haben sich die Rahmenbedingungen fur die Entstehung und Verbreitung von Wissen und Information verandert. Neben avertikale Innovation, die in einem Unternehmen oder einer Forschergruppe stattfindet, tritt ahorizontale Innovation, die durch eine gleichzeitige Tatigkeit vieler Akteure gekennzeichnet ist. Neben die alleinige Urheberschaft tritt die kollektive Erstellung von Werken in Netzwerken wie Wikipedia. Das Internet erlaubt einen unmittelbaren Kontakt des Produzenten und des Rezipienten von Wissen und lasst so die Rolle von Informationsmittlern in neuem Licht erscheinen. Diese Veranderungen stellen ...
Contract II
The Acquis Group - also known as the European Research Group on Existing EC Private Law - pursues the objective of presenting, in a restated form known as the Acquis Principles (ACQP), the large and sometimes incoherent patchwork of existing EC private law. These Principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps in the Acquis. The Acquis Principles include: general rules formulated on the basis of existing EC law; an accompanying commentary, outlining the foundations in the Acquis; and definitions of core legal terms and a glossary on terminology. This present volume is the second of a series. The book combines a revision of the parts of the ACQP published in the first volume - Contract I - with many new rules on remedies for non-performance, as well as certain specific situations or contracts, such as delivery of goods, package travel, and payment services.
Research Handbook on Intellectual Property Licensing
'Transactions involving intellectual property whether by way of out-and-out assignment or by one of the myriad variants of licensing which are possible, are really really important – they help the world of business go round. But such transactions can be complex with things like national rules preventing alienation getting in the way of bargains people wish to make. So it is quite astonishing how sparse the literature on the subject is – particularly literature taking a comparative view. This book is perhaps the very first of its kind, taking as it does perspectives from the major legal systems of the world. Moreover its distinguished authors have not written in a technical or abstruse wa...
Services Liberalization in the EU and the WTO
Both in WTO law and EU law there is a dichotomy between liberalisation based on market access and targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect. Looking at the provision of services, a cornerstone of EU substantive law, in the EU and the WTO this book offers a comprehensive evaluation of the current legal status quo on transnational services provision on a global level. Based on thorough analysis of both EU and WTO law, policymakers are provided with concrete proposals for fostering the consistency and effectiveness of the current regime. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective. Written by a highly respected author team, this is essential reading for EU internal market specialists and WTO law scholars alike.
