Civil law 115 results

This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study.

This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: ‘The French Contract Law Reform: a Source of Inspiration?’ Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

European Product Liability is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group).

This book examines the European Union’s impact on private and especially contract law. It shows how the European Union’s founding Treaties grant it in principle only a limited competence in the field, but how in practice the European Union’s influence is broad and to some extent unpredictable.

This book examines the private international law treatment of American punitive damages in the European Union. It poses the crucial question whether U.S. punitive damages (should) penetrate the borders of the European Union through the backdoor of private international law.

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law.

This book explains and analyses in depth the theory and practice of Article 8 ECHR with respect to family forms and parenthood.

This book analyses share purchase agreements governed by Belgian law used for company acquisitions, whereby a purchaser acquires control over a Belgian target company through the acquisition of a controlling shareholding.

Property Law Perspectives IV shows that attention is still being paid to the roots of property law.

The need to allow a change of legal sex/gender in certain cases is no longer disputed in most jurisdictions. The question has therefore shifted to what the requirements for such a change of the legal sex/gender should be. This book examines these thus far under-researched questions, namely what the full legal consequences of a change of legal sex/gender should be, for example with regard to existing legal relationships such as marriages and registered partnerships, but also concerning children and parentage.

Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties.

Although recent family law debates have been predominantly paedo-centric, the founding of “bio-medically assisted families” still focuses on the individual parents’ rights to reproduce. By introducing donations, the donor’s genetic contribution becomes instrumental and the legal attribution of parenthood negotiated through expressed intentions. This book provokes the curious mind and clarifies concepts, studies the rationale behind the legal complexity in ten national European jurisdictions, and confronts the rights and responsibilities of the stakeholders, providing a balanced independent conclusion and suggestions towards international harmonisation.

There has been much discussion worldwide on parenting after parental separation, especially on the desirability for the children involved of co-parenting and residential co-parenting.

This book describes and analyses the different legal approaches and policy discussion regarding cohabitation in the Nordic countries.

This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory.

This volume contains detailed information on the law on ‘informal relationships’ in 30 European countries. An informal relationship refers to a relationship that is not formalised as a marriage or as a registered partnership/civil union between a couple.

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed.

This book brings together the papers presented at the Society of European Contract Law’s 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States and whether common principles can be transferred into rules.

There is an increasing debate on the way in which the EU has developed and what it must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.