Civil law 131 results

This is the first book in English on medical negligence law in China. Relying on the methodologies of statutory interpretation, case study, and socio-legal analysis, it systematically investigates and comprehensively analyses four major problems in Chinese medical negligence law that result in widespread unfairness and uncertainty.

Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.

Stephen Cretney has long been regarded as the leading English scholar in the field of family law, as prolific as he is profound. Even if the essays in this book had not been written in his honour, they would inevitably have had to rely heavily on his work. Private ordering, marriage, civil partnership, cohabitation, children, separation, divorce – the entire spectrum of family law is covered here – have all benefited from his insightful comments and meticulous scholarship.

In Reconstructing Marriage - The Legal Status of Relationships in a Changing Society Caroline Sörgjerd explores the essence of the institution of marriage: what is the meaning of marriage today, how has marriage been influenced by the legal recognition of new cohabitation models and what should be the role of the institution of marriage in the future?

In their search for better ways to enforce private and public legal rules, prevent damage, and compensate victims of grave wrongdoing, European legal scholars and policy makers show an increased interest in this particular private law remedy. The twenty-two authors of this book reflect on the pros and cons, applicability, aims and limitations of punitive damages in terms of different legal themes.

This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism, and seeks to discover the place which religion has or might have within family law.

Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.

This book covers five areas of family property law in Europe: Matrimonial Property Law in Europe, Family Contracts – Issues of Autonomy, Protection of Older People in Law, Freedom of Testation and Protection of Family Members, and the Unification of Private International Law. These issues are discussed throughout the book, together addressing the broad question: what might be the future of family property law in Europe?

This book discusses and compares the different legal and economic aspects of the regulation of architects in Belgium and the Netherlands . It also discusses EU legislation and case law on the free movement of architects in and to the European Union.

Even though apartments are the dominant form of housing in China, they are still largely poorly regulated. This book addresses the legal deficiency of condominium law and seeks to map out an academically rigorous approach to understanding and formalizing it with a critical comparative analysis.

This book supplies a number of perspectives on the development of enforcement of court judgments and other enforceable documents in Europe. The articles are written by experts from legal academia and professionals involved in enforcement practice. New trends are highlighted.

By presenting historical materials, this volume elucidates the quandary of the law of obligations when it has to answer the question what a creditor eventually will acquire: damages or specific performance?

This edited volume tests the Principles of European Family Law on Parental Responsibilities in a range of legal systems, and in so doing assesses these legal systems in view of the Principles, and the Principles in view of these legal systems.

This volume in the EFL-Series aims at enabling a larger and more contextualised view on succession law, by studying the issue of imperative inheritance law from five different perspectives: legal anthropology, legal history, sociology of law, law and economics, and comparative law. All perspectives are introduced by eminent scholars.

This book deals with the rights of persons, both children and adults, who feel a strong wish to find out who their biological parents are. The identification of biological parents may become important in a wide variety of situations, which run the gamut from adoption to sperm donor anonymity and ‘misattributed paternity’. A thorough comparative study of the relevant law across a number of jurisdictions found on the European continent has now for the first time been made available in English.

This volume contains detailed information concerning the law on property relations between spouses (matrimonial property law) in twenty-six European jurisdictions.

This volume contains articles on three issues that at the dawn of the 21st century have provoked passionate discussion: (compulsory) arrangements regarding children; registration schemes for same-sex couples: new jurisdictions ; and the effectiveness of the pater est rule.

In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. Inspiration for this is drawn from the mixed legal system of South Africa.

This book contains the contributions to the third CEFL conference which took place in Oslo in June 2007. The general topic European Challenges in Contemporary Family Law has been divided into five themes:• The Harmonisation of Family Law• Children and Their Parents• Irregular Marriages and the Influence of Multiculturalism• (Property) Relations between Spouses and Cohabitants• Cross-Border Family Relationships.

The main objective of this volume is to instigate an in-depth discussion regarding various facets of the convergence/divergence discord in the field of family law.