Book | 1st edition 2016 | World | Caroline Cauffman, Jan Smits
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.
Book | 1st edition 2016 | United Kingdom | Bart Bellen
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.
Book | 1st edition 2015 | United Kingdom | Ilse Samoy, Marco Loos
Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties.
Book | 1st edition 2015 | United Kingdom | Elena Ignovska
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.
Book | 1st edition 2015 | United Kingdom | Wenqing Liao
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.
Book | 1st edition 2015 | United Kingdom | Katharina Boele-Woelki, Charlotte Mol, Emma van Gelder
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.
Book | 1st edition 2015 | World | Wouter Verheyen, Frank Smeele, Marian Hoeks
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.
Book | 1st edition 2015 | Europe | Jacobien Rutgers, Pietro Sirena
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.
Book | 1st edition 2015 | Europe | Bram Akkermans, Jaap Hage, Nicole Kornet, Jan Smits
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.
Book | 1st edition 2015 | United Kingdom | Ann Apers, Sofie Bouly, Elien Dewitte, Dorothy Gruyaert
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.
The Quest for Uniformity in International Sales Law
Book | 1st edition 2014 | United Kingdom | Peter Mazzacano
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.
Book | 1st edition 2014 | Europe | Marco Loos, Marco B.M. Loos, Ilse Samoy
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.
Book | 1st edition 2013 | Europe | Ignace Claeys, Régine Feltkamp
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.
Book | 1st edition 2013 | United Kingdom | Bram Akkermans, Ernst Marais, Eveline Ramaekers
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.
An exploration of the notion 'deliberate breach of contract' and its consequences for the application of remedies
Book | 1st edition 2013 | United Kingdom | Martijn van Kogelenberg
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.
Book | 1st edition 2013 | United Kingdom | Jing Liu
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.
