European private law 43 results

In banking and finance, transnationality permeates the day-to-day professional life and makes the dedicated lawyer an internationalist by necessity. There are good reasons for this: the intangible nature of services, the desire of operators even regulated to conquer foreign markets; sometimes because of the extraterritorial spread of local policies relating to the person of the operators or the products marketed. Although it does not always have a good reputation, private international law, with its promise of a widely understood conflict of laws discipline, is making inroads into the legal practice of this specialised and globalised sector.

 

This volume discusses the position of third parties in relation to contracts in a comparative context, focusing on third-party clauses in contracts, transfer of contractual rights after transfer of property and assignment, principal–agent relations in concluding and performing contracts, and creditor protection (actio Pauliana).

Precedents have become increasingly important in many jurisdictions. This book compares how various jurisdictions grapple with the problem of understanding how precedents function as a source of law. Are precedents binding, and what does “binding” entail? How are rules in a precedent identified, and are they controversial as a source of law? 

 

Over the past two decades, various jurisdictions around the world have created new specialised domestic courts to manage international commercial disputes. This book studies these new international commercial courts from a comparative perspective and examines their role in cross-border litigation.

 

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.

Quelles sont les difficultés auxquelles font face les citoyens et les personnes qui les conseillent dans des situations de mobilité, lorsqu’elles sont confrontées à des problèmes juridiques liés aux relations familiales ? Comment apporter une réponse ?

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.

How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.

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.

The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.

Un jugement qui ne peut pas être exécuté est inutile. Comment assurer une exécution efficace et respectueuse des droits des justiciables dans les pays européens à l’aune des évolutions technologiques ?

Over the course of the last few decades, the European legislature has adopted a total of 18 Regulations in the area of private international law. The question remains, however, if these efforts have turned private international law into a truly European field? The book analyses - for the first time - how 'European' European private international law actually is.

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 essays collected in this volume critically address some of the main issues concerning the relations of the EU with non-EU countries and international organisations in the area of private international law, as well as the impact of these relations on EU legislation dealing with matters featuring cross-border implications.

This book examines the European Union’s impact on private and especially contract law. It shows how the European Union’s founding Treaties grant it in principle only a limited competence in the field, but how in practice the European Union’s influence is broad and to some extent unpredictable.

European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.

Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. It focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law.

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.

L'ouvrage présente un aperçu de la manière dont se concrétise le mouvement de simplification du droit des sociétés dans plus de 14 pays européens.

This book provides a detailed analysis of the objectives, principles and methods of EU Internal Market law. It focuses on the substantive law of the Internal Market, the strongest, most developed and most original part of EU law.