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.
Book | 1st edition 2017 | United Kingdom | Ignace Claeys, Evelyne Terryn
This book three legal instruments proposed by the European Commission in the context of its Digital Single Market Strategy, which has recently become one of its priorities. The proposed instruments are: (1) a directive for the supply of digital content; (2) a directive for the online and other distance sales of goods; and (3) a regulation on cross-border portability of online content services in the internal market.
Book | 3rd edition 2017 | United Kingdom | Katharina Boele-Woelki, Angelika Fuchs
The legal situation concerning same-sex couples is far from homogeneous in Europe. This book gives an overview of the formalisation and consequences of same-sex marriage and partnership all over Europe, discusses children’s rights in same-sex relationships and addresses the topic of gender identity.
Book | 1st edition 2017 | United Kingdom | Xiaowei Yu
Preventing Medical Malpractice and Compensating Victimised Patients in China is the first book in English on the legal remedies for preventing medical errors and compensating victims of medical malpractice in China from an economic and legal perspective.
Book | 1st edition 2016 | United Kingdom | Ken Oliphant
In recent decades, the liability of public authorities has been one of the main areas of development in tort law in Europe, with major reforms implemented or considered at a national level, and a steady stream of major court decisions. During the same period, ‘Member State liability’ has also been recognised in the law of the EU, and the interplay of principles of national and EU law – and additionally the ‘just satisfaction’ jurisprudence of the European Court of Human Rights – evidently warrants close attention.
Book | 1st edition 2016 | Europe | Alberto De Franceschi
In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.
Book | 1st edition 2016 | United Kingdom | Bertrand du Marais, David Marrani
This comparative research was triggered by the assessment of property registration law published in the World Bank Doing Business reports (DB). The international and interdisciplinary team aimed to assess how legal certainty was imagined and put in practice in French and English law, using commercial real estate as a case study.
Book | 1st edition 2016 | United Kingdom | Sophie Stijns, Sanne Jansen
This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: ‘The French Contract Law Reform: a Source of Inspiration?’ Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.
An Analysis of the State of the Art in the Era of New Technologies
Book | 1st edition 2016 | Europe | Piotr Machnikowski
European Product Liability is the result of an extensive international research project funded by the Polish National Science Centre. It brings together experienced scholars associated with the European Group on Tort Law (EGTL) and the European Research Group on Existing EC Private Law (Acquis Group).
