Civil law 131 results

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.

This book offers an interesting selection of recent developments in the broad field of property law, including contributions on constitutional property law, national private property law and European and comparative property law.

Looking at the practices in the USA, the Netherlands and the UK, this book investigates whether imposition of civil liability on securities underwriters can help to deter material misstatements of corporate information by securities issuers in primary markets.

European jurisdictions play a central role in intercountry adoption, both as countries of origin for children being placed, and as receiving countries. The question that this book aims to answer is very simple: how can we best protect the rights of these children?

This volume focuses on comparative and international family law in Europe in their respective cultural contexts. The interventions address the new Principles of European Family Law regarding Property Relations between Spouses, the proposed EU private international law regulations for spouses and registered partners for international couples and their property relations, the laws of a growing number of countries which legislate non-formalized relationships and the new developments regarding social, biological and legal parentage.

This book explores the international jurisprudence on Article 79 of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which is, perhaps, one of its most contentious provisions. The author’s premise is that Article 79—which concerns exemptions for contractual non-performance due to an “impediment” beyond a party’s control—should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, he considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states.

The optional matrimonial property regime of the community of accrued gains was created to address legal difficulties that may arise from marriages between persons of different nationalities or persons not living in their country of origin. It is the result of a treaty between France and Germany and entered into force in 2013.

Differences in contract law and the additional transaction costs and complexity they generate in cross-border transactions dissuade a considerable number SMEs from expanding into markets of other Member States. These differences are also said to limit competition in the internal market.

General Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control.

With the 186 articles of the Common European Sales Law the European Commission proposes an optional legal framework that covers the entire lifecycle of sales contracts and contracts for the supply of digital content, as well as related services. This book is the first to delve deeply into the content of the CESL and to analyse it.

This book offers new perspectives on property theory, constitutional property law, and private law-property law. Under these headings, young and renowned property law scholars present their current research and offer an exciting look into the challenges property law faces in the 21st century.

This book argues that motive in committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because equally remedying all breaches of contract threatens parties’ trust in the law of contract.

This book focuses on the damage to private natural resources which have an ecological value in excess of their market value and the damage to public natural resources. Its aim is to design a compensation system, taking into account the interaction between regulation, liability rules and compensation mechanisms, to both prevent and compensate for ecological damage.

Does the European Union need a Civil Code? Like a dark cloud, this question hovers over debates about the future of private law in Europe.

This book contains the Principles of European Family Law regarding Property Relations between Spouses. In these Principles, the CEFL has developed an all-inclusive set of rules for two matrimonial property regimes: the participation in acquisitions and the community of acquisitions.

Die Grundlagen des nachehelichen Unterhalts stellen sowohl dogmatisch als auch rechtspolitisch ein Kernproblem des Familienrechts dar .

This study provides an overview of the existing acquis communautaire in property law, and presents a proposal for the future development of this field of law. It deals with the influence of the EU’s four freedoms on national property law and discusses whether or not the EU would have the competence to actively create property law, and the extent to which it has already done so.

This book discusses new developments in property law that challenge traditional property law theory. Although it deals with various aspects of property law, such as virtual property, prescription, and EU property law, all topics share a vision on how to give shape to the property law of the 21st century.

This book discusses two major instruments of European contract law that saw the light in 2011: the Consumer Rights Directive (CRD) and the proposal for a Common European Sales Law (CESL). Both instruments aim at improving the internal market.