Civil law 115 results

This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

This book critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions on the example of one topical and global collective damage event with far reaching consequences for both, consumers and investors: the Dieselgate.

This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.

Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.

This book examines the legal and societal challenges facing ageing nations in Europe. With a focus on informal care, it poses the question of how, in light of historical and socio-demographic changes, we can take care of our elderly.

Ergründet die Verfasserin die aktuellen rechtlichen Rahmenbedingungen für eine schiedsgerichtliche Beilegung familienrechtlicher Streitigkeiten im deutschen und englischen Recht und deren Bedeutung in der Praxis.

This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property. It particularly covers the law of rescission, resulting and constructive trusts, tracing and unjust enrichment.

Compensation funds are redress structures that compensate victims of accidents and other misfortune where tort, insurance and social security frameworks are unavailable or inapplicable. Their undefined nature raises important legal questions that have not yet been fully answered. This book contrasts and analyses both well-known and lesser known compensation funds in Belgium, France, Germany, the Netherlands, New Zealand, Spain, and the United Kingdom.

This book sets out the principles of contract law that apply in a range of South Pacific Island countries. It includes coverage of the local legislation and case law applying in the field of contract law, as well as South Pacific customary laws and their relationship with the law of contract. The book offers essential knowledge to students, academics and legal practitioners operating in the South Pacific region.

This is an overview of interpretation and gap filling mechanisms in international commercial contracts covering CISG, UNIDROIT Principles, PECL and DCFR.

This book explores the theoretical basis of precontractual liability for the breaking-off of contractual negotiations and after a comparative analysis of common law (England) and civil law jurisdictions (Germany, France and Chile), argues in favour of a shift from good faith to the notion of reliance.

With the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research and considers the common law tradition as well as the civil law viewpoint.

'Fundamental Rights and the Best Interest of the Child in Transnational Families' is a timely work on the implementation of the child's interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families.

The International Survey of Family Law is the annual review of the International Society of Family Law. It brings together reliable and clearly structured insights into the latest and most notable developments in family law from all around the globe.

This book analyses the mechanics of how legal ownership in tangible movable property passes from one person to another and the respective impacts of defects, such as mistake. It adopts a new approach, basically arguing that the conveyance of title is distinct and independent from the underlying contract.

This book traces the uncharted history of validity and invalidity, two central categories of legal thought ubiquitous in contemporary private and public law. It shows how they emerged in response to social needs that remain pressing today.

This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts.

This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.

The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.