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Transfer of Immovables in European Private Law
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
The Transfer of Property in the Conflict of Laws
This book provides a detailed and up-to-date exposition of English and Scottish rules of choice of law in inter vivos transfers of property. It traces the development of the lex situs rule, and its application to inter vivos dealings with immovable property, tangible movable property(including the special case of cultural property), and intangible movable property (including indirectly held securities).The author offers two alternative models of suggested choice of law rules in property, introducing a greater degree of flexibility into choice of law rules in property, and formulates even-handed solutions to the complex problems of space, time and policy which arise in this area of the conflict oflaws.
Order from Transfer
ÔA fascinating collection of essays commenting on and developing FrankenbergÕs IKEA theory of legal transfer. With valuable theoretical analyses, comparative studies, attention to gender issues, post-colonial contexts, imposed law and legal history, this book is essential reading for anyone thinking about the circulation of legal models especially, but not only, in the area of constitutional law.Õ Ð David Nelken, University of Cardiff, UK ÔFrankenbergÕs work gives a new insight of what comparative law can be in the context of globalization, representing an outstanding achievement. His theory of ÒtransferÓ supersedes the metaphors of mainstream scholarship, displaying that constitutio...
The Law of TUPE Transfers 3e
Written by a leading practitioner in the field, The Law of TUPE Transfers offers a concise, practical treatment of the current transfer of undertakings legislation in the UK, and is an invaluable guide to this complex and unpredictable area of the law.
Transfer Pricing and the Arm's Length Principle in International Tax Law
The arm's length principle serves as the domestic and international standard to evaluate transfer prices between members of multinational enterprises for tax purposes. The OECD has adopted the arm's length principle in Article 9 of its Model Income Tax Convention in order to ensure that transfer prices between members of multinational enterprises correspond to those that would have been agreed between independent enterprises under comparable circumstances. The arm's length principle provides the legal framework for governments to have their fair share of taxes, and for enterprises to avoid double taxation on their profits. This timely book contains a comparative analysis of the legal basis f...
Transfer of Nuclear Technology Under International Law
Nuclear breakout or nuclear weapon free zones, which do we encourage? In the past, legal studies focused on regulating military rather than peaceful uses of the atom. This volume assesses the legal regime pertaining to the peaceful transfer of nuclear technology, which includes the NPT, IAEA Statute, and the work of the nuclear supplier groups. It offers a new perspective to the interaction between international law and politics in the Middle East, a region that continues to be a hotspot for attempts at nuclear proliferation. Israel, in a state of war with most of its neighbours, turned into a nuclear power decades ago, consequently, it drove Iraq to develop a military nuclear programme. This has affected the rights of Iran as a non-nuclear weapon state to develop its peaceful nuclear capabilities. This book supports the establishment of a Middle East Zone Free of Nuclear Weapons as the only way to cease the arms race and ensure a long-lasting peace in the region.
Climate Change Law, Technology Transfer and Sustainable Development
This book explores the possibilities and scope of facilitating innovation and transfer of the environmentally sound technologies in the Post-Paris climate era. The possibilities to be explored by the book will first focus on the roles of the climate finance and technological cooperation mechanisms in innovation and transfer of environmentally sound technologies. Secondly, the book will focus on role of the ‘flexible mechanism’ (i.e. indirect financial mechanisms), which has been re-introduced by the Paris Agreement as ‘voluntary cooperation’ or ‘sustainable development’ mechanism in innovation and transfer of environmentally sound technologies. Thirdly, the book will contain a co...
The Future of European Property Law
European integration has a growing impact on the property law systems of the EU Member States. The tensions which can be seen are considerably greater than in other areas of private law, given the technically complex and mandatory nature of property law. In this book current developments in European property law (particularly the Draft Common Frame of Reference) are analysed and evaluated, focussing on secured transactions and mortgage law. With contributions by academic and practicing lawyers, containing: Transfer of ownership and good faith acquisition: the rules in the Member States and in Book VIII of the DCFR Secured transactions and the DCFR Registration of intellectual property rights Trusts - from a Common and a Civil lawyer’s perspective The border area between property law and contract law: securities
