The European Codification Process

The European Codification Process
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 202
Release :
ISBN-10 : 9789041122308
ISBN-13 : 9041122303
Rating : 4/5 (08 Downloads)

Synopsis The European Codification Process by : Ugo Mattei

This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process. The work explores fundamental areas of European private law, from the sources' to contracts' to trust law.

The Oxford Handbook of European Legal History

The Oxford Handbook of European Legal History
Author :
Publisher : Oxford University Press
Total Pages : 1217
Release :
ISBN-10 : 9780191088377
ISBN-13 : 0191088374
Rating : 4/5 (77 Downloads)

Synopsis The Oxford Handbook of European Legal History by : Heikki Pihlajamäki

European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Principles, Definitions and Model Rules of European Private Law

Principles, Definitions and Model Rules of European Private Law
Author :
Publisher : sellier. european law publ.
Total Pages : 406
Release :
ISBN-10 : 9783866530591
ISBN-13 : 3866530595
Rating : 4/5 (91 Downloads)

Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

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.

Codification in East Asia

Codification in East Asia
Author :
Publisher : Springer Science & Business Media
Total Pages : 248
Release :
ISBN-10 : 9783319034461
ISBN-13 : 3319034464
Rating : 4/5 (61 Downloads)

Synopsis Codification in East Asia by : Wen-Yeu Wang

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.

The History of Law in Europe

The History of Law in Europe
Author :
Publisher : Edward Elgar Publishing
Total Pages : 293
Release :
ISBN-10 : 9781786430762
ISBN-13 : 1786430762
Rating : 4/5 (62 Downloads)

Synopsis The History of Law in Europe by : Bart Wauters

Comprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe’s political, economic, social and cultural developments.

Brokering Europe

Brokering Europe
Author :
Publisher : Cambridge University Press
Total Pages : 277
Release :
ISBN-10 : 9781107042360
ISBN-13 : 1107042364
Rating : 4/5 (60 Downloads)

Synopsis Brokering Europe by : Antoine Vauchez

A new historical and sociological account for the broad definitional power of law in the European Union polity.

ReNEUAL Model Rules on EU Administrative Procedure

ReNEUAL Model Rules on EU Administrative Procedure
Author :
Publisher : Oxford University Press
Total Pages : 331
Release :
ISBN-10 : 9780198795308
ISBN-13 : 0198795300
Rating : 4/5 (08 Downloads)

Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig

This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

The Creeping Codification of the New Lex Mercatoria

The Creeping Codification of the New Lex Mercatoria
Author :
Publisher : Kluwer Law International B.V.
Total Pages : 466
Release :
ISBN-10 : 9789041131799
ISBN-13 : 9041131795
Rating : 4/5 (99 Downloads)

Synopsis The Creeping Codification of the New Lex Mercatoria by : Klaus Peter Berger

Advanced notion of the Creeping Codification which is based on the 'TransLex Principles', operated by the Center for Transnational Law (CENTRAL) of Cologne University at www.trans-lex.org. The Trans- Lex Principles are based on the 'List of Principles, Rules and Standards of the Lex Mercatoria' which was reproduced in the Annex of the first edition of this book. This Internet-based codification method realized through the TransLex Principles corresponds to the unique character of the Creeping Codification of the New Lex Mercatoria which is an ongoing, spontaneous, and dynamic process which is never completed.

Public Administration in Germany

Public Administration in Germany
Author :
Publisher : Springer Nature
Total Pages : 415
Release :
ISBN-10 : 9783030536978
ISBN-13 : 3030536971
Rating : 4/5 (78 Downloads)

Synopsis Public Administration in Germany by : Sabine Kuhlmann

This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.

The Scope and Structure of Civil Codes

The Scope and Structure of Civil Codes
Author :
Publisher : Springer Science & Business Media
Total Pages : 477
Release :
ISBN-10 : 9789400779426
ISBN-13 : 9400779429
Rating : 4/5 (26 Downloads)

Synopsis The Scope and Structure of Civil Codes by : Julio César Rivera

This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.