Ius Commune Europaeum 54 results

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.

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.

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.

Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of letter of intent – the document frequently used in international transactions

Quality and Speed in Administrative Decision-Making: Tension or Balance? presents six national perspectives on the issues surrounding legislation brought in to deal with the consequences of the economic crisis. It also includes a comparative overview comparing and contrasting national approaches with regards to finding a balance between the pace of proceedings and the quality of administrative and judicial decisions

Aiming to fill a gap in existing literature, this book contains an empirical study of the converging effects of the harmonisation policies used by the European lawmaker in consumer sales law.

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.

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.

This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law.

Biofuels are promoted as a type of renewable energy from biomass that replaces fossil fuels in transportation, in an attempt to achieve the three-fold objectives of energy security, rural development, and GHG emission reductions.

This book examines the regulation of the inter-provincial establishment of companies in China and the EU regulation of the cross-border establishment of companies from the perspective of comparative law and economics.

This rise of a particular kind of European Union legislation known as the ‘optional instrument’ is a novel trend in the context of EU law, and one that until now has not been comprehensively mapped or explored. This study examines and discusses existing and proposed EU Optional Instruments (OIs) in different fields of European law, including company law, intellectual property law and procedural law (such as the European Company, the Community Trade Mark and the European Small Claims Procedure, respectively), as well as contract law.

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.

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits.

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.

Property Law Perspectives IV shows that attention is still being paid to the roots of property law.

Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties.

The book presents a proposal for a harmonised European liability regime and discusses possibilities to enhance the feasibility of such a reform. It calls for a stronger involvement of the public in the nuclear sector and emphasises the intrinsic link between effective safety regulation and liability and compensation mechanisms.

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.

Risk taking in business contributes towards innovation while excessive risk taking is associated with corporate failure. This book illustrates how insurance against personal liability of the manager threatens – but also benefits – society and the economy