Comparative law 92 results

This book focuses on the civil status validity of formalized relationships of same-sex couples when such couples move across borders between EU Member States. The Baltic States, Estonia, Latvia, Lithuania, and Poland, are used as examples of States that are less accommodating of same-sex relationships concluded abroad.

This book is the result of a long-term comparative research project on intellectual property. It unearths the thought patterns which are culturally, morally and historically imprinted across Europe and questions the common narratives of the distinctiveness of private and public law, contracts and property, and morality and the law.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

In this book, which is part of the book series of the Common Core of European Private Law, reporters consider legal institutions that allow persons who have occupied private or public land of others to acquire that land through mere long-term use.

This book analyzes the function and role of international law in a framework of increased global governance by focusing on how 'community interests' are articulated and protected in various areas, including the global commons, and human rights and security related issues.

With no new books written on these legal systems for nearly 30 years, this book fills a gap in the literature and offers a true 'insider' perspective with the majority of authors being indigenous or long-term residents of the countries in question.

The book sketches a broad landscape of sources of modern contract law, with particular regard to EU private law rules. It provides for a better understanding of the identity of present-day contract law by analysing the multitude of social and economic dynamics that shape its normative landscape.

This book analyzes the legal issues arising from and relating to environmental loss and damage. It does so from a comparative and interdisciplinary perspective, examining both public and private law aspects. It takes into consideration specific legal issues concerning liability, compensation and restoration of damage in different sectors and jurisdictions.

This book focuses on the decision-making processes in modern collegiate courts. Judges from some of the world's highest and most significant judicial bodies, both national and supranational, share their experiences and reflect on the challenges to which their joint judicial endeavour gives rise.

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.

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.

Through a collection of expert analyses, this book aims to deepen our understanding of the dangers of fake news and disinformation, while also charting well-informed and realistic ways ahead.

This book examines the case law of the European Court of Justice concerning the requirement to interpret national law in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation.

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.

The criminal justice system encompasses the most severe instrument at the state's disposal in times of peace. For this and many other reasons, overuse of that system is a serious matter. Containing an extensive collection of expert knowledge, this volume intends to expose legal possibilities, good practices and the many challenges that lie ahead when attempting to prevent overuse in the criminal justice system.

Judicial Law-making in English and German Courts is the first monograph in English that compares English and German statutory interpretation as applied in judicial practice, appealing to those interested in legal methodology, constitutional law or comparative law.

L'ouvrage contient les rapports belges du XVIIIe Congrès de l’Académie Internationale de Droit comparé à Vienne.

This book offers a comparative introduction to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration.

Based on the wish to reopen an international comparative discussion on fundamental notions of civil procedure, this book offers a number of insights into procedural human rights from different jurisdictions and different points of view.