Book | 1st edition 2020 | Europe | Aurelia Colombi Ciacchi, Chantal Mak, Zeeshan Mansoor
This book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.
Book | 1st edition 2020 | Europe | Beate Gsell, Thomas Möllers
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.
Book | 1st edition 2020 | United Kingdom | C.J.W. Baaij, David Cabrelli, Laura Macgregor
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.
Book | 1st edition 2020 | United Kingdom | Israel Gilead, Bjarte Askeland
Prescription is a major legal defence that bars civil actions after the expiry of the prescription period on the claim. This book thoroughly examines the law of 16 selected jurisdictions and extensively analyses in comparative perspective the elements of prescription, their interrelations, and the policy considerations (including economic analysis). While the book focuses on prescription of tort claims the analysis, comparisons and conclusions are most pertinent to most civil actions.
Book | 1st edition 2020 | United Kingdom | Siel Demeyere, Vincent Sagaert
This book includes the conference proceedings of a conference in September 2019. The Institute for Property Law of the University of Leuven had the opportunity to welcome numerous authoritative legal scholars to debate on the impact of sustainability challenges on the crossroads between contract and property. The contributions in this book are on the one hand, careful analyses of national laws, and on the other hand, more general views on the interplay between property law and sustainability.
This book extensively analyses obligations connected to property rights, or 'real obligations', in a comparative perspective through a study of Belgian, French, Dutch and Scots law. Examples of real obligations are the periodical payment obligation of a long lease holder, the maintenance of the property subject to a servitude and the financial contributions by apartment owners.
Book | 1st edition 2020 | United Kingdom | Elisabeth Alofs, Wendy Schrama
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.
Eine rechtsvergleichende Untersuchung des deutschen und englischen Rechts
Book | 1st edition 2020 | United Kingdom | Saskia Constanze Zellerhoff
Ergründet die Verfasserin die aktuellen rechtlichen Rahmenbedingungen für eine schiedsgerichtliche Beilegung familienrechtlicher Streitigkeiten im deutschen und englischen Recht und deren Bedeutung in der Praxis.
Book | 1st edition 2020 | United Kingdom | Samuel Zogg
This book analyses proprietary restitution, at law and in equity, and inquires whether proprietary relief is available in defective transfers of property. It particularly covers the law of rescission, resulting and constructive trusts, tracing and unjust enrichment.
Book | 1st edition 2020 | United Kingdom | Thierry Vansweevelt, Britt Weyts
Compensation funds are redress structures that compensate victims of accidents and other misfortune where tort, insurance and social security frameworks are unavailable or inapplicable. Their undefined nature raises important legal questions that have not yet been fully answered. This book contrasts and analyses both well-known and lesser known compensation funds in Belgium, France, Germany, the Netherlands, New Zealand, Spain, and the United Kingdom.
Trust and Expectation in a Comparative Perspective
Book | 1st edition 2019 | United Kingdom | Isabel Zuloaga
This book explores the theoretical basis of precontractual liability for the breaking-off of contractual negotiations and after a comparative analysis of common law (England) and civil law jurisdictions (Germany, France and Chile), argues in favour of a shift from good faith to the notion of reliance.
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.
Book | 1st edition 2019 | United Kingdom | Katharina Boele-Woelki, Dieter Martiny
This volume contains the contributions delivered at CEFL's sixth international conference, which focused on comparative and international family law in Europe in their respective cultural contexts.
Book | 1st edition 2019 | United Kingdom | Miquel Martin-Casals
This volume explores how differences between tort and contract affect the foundations of liability, the nature and amount of the compensation, the extent of liability and whether defences and limitation periods corresponding to the distinct causes of action give rise to substantially different outcomes.
The CEFL has developed a comprehensive and original set of rules which may be a source of inspiration for legislating the rights and duties of couples who have not formalised their relationship. In their provisions on specific issues, the Principles opt for workable solutions which aim to avoid unnecessary hardship and disputes.
Book | 1st edition 2019 | United Kingdom | Jehanne Sosson, Geoffrey Willems, Gwendoline Motte
Adults and Children in Postmodern Societies provides a critical analysis of the different ways in which the law can recognise and protect relationships between adults and children in postmodern societies which are characterised by increasingly diverse family configurations.
Unravelling the Legal Status of Online Intermediaries
Book | 1st edition 2019 | Europe | Bram Devolder
In this book, a panel of international legal experts unravel the legal status of online intermediaries - a thorny knot that legislators, judges and lawyers across the globe are facing.
Book | 1st edition 2018 | United Kingdom | Bénédict Winiger
Modern technology has not only multiplied the risks and degree of damage, it has also created long causal chains that often make it difficult to see a connection between action and damage, particularly when the damaging effects on individuals or society only emerge decades after the action. How can we ensure that we act responsibly today? What criteria do we have to measure our behaviour against?
Book | 1st edition 2017 | United Kingdom | Jessica Palmer, Nicola Peart, Margaret Briggs, Mark Henaghan
This book addresses key questions about the division of property when a marriage, civil union, de facto relationship, or other close personal relationship ends. The book adopts a conceptual approach to property division, using New Zealand’s current law as a basis for critical analysis and drawing on international and comparative perspectives.
Book | 1st edition 2017 | United Kingdom | Anne L.M. Keirse, Marco Loos, Marco B.M. Loos
This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed.
