Impossibility In Modern Private Law

Author : Hüseyin Can Aksoy
Publisher : Springer Science & Business Media
ISBN 13 : 3319017047
Total Pages : 211 pages
Book Rating : 4.44/5 ( download)

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Download or read book Impossibility in Modern Private Law written by Hüseyin Can Aksoy and published by Springer Science & Business Media. This book was released on 2013-11-26 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an analysis of the treatment of impossibility in modern private law. The author explains the regulation of impossibility in German, Swiss and Turkish laws with a comparative analysis of the subject under (i) the United Nations Convention on International Sale of Goods (CISG), (ii) UNIDROIT Principles of International Commercial Contracts (PICC), (iii) Principles of European Contract Law (PECL also known as the Lando-Principles), (iv) Draft Common Frame of Reference (DCFR) and (iv) Common European Sales Law (CESL).

Author : James Gordley
Publisher : OUP Oxford
ISBN 13 : 0191021717
Total Pages : 496 pages
Book Rating : 4.18/5 ( download)

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Download or read book Foundations of Private Law written by James Gordley and published by OUP Oxford. This book was released on 2006-01-05 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.

Author : Thomas Kadner Graziano
Publisher : Edward Elgar Publishing
ISBN 13 : 1800373678
Total Pages : 755 pages
Book Rating : 4.79/5 ( download)

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Download or read book Comparative Contract Law written by Thomas Kadner Graziano and published by Edward Elgar Publishing. This book was released on 2023-01-17 with total page 755 pages. Available in PDF, EPUB and Kindle. Book excerpt: This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.

Author : Ewoud Hondius
Publisher : Cambridge University Press
ISBN 13 : 1139501151
Total Pages : 715 pages
Book Rating : 4.56/5 ( download)

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Download or read book Unexpected Circumstances in European Contract Law written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2011-03-03 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

Author : Petar Sarcevic
Publisher : sellier. european law publ.
ISBN 13 : 393580847X
Total Pages : 385 pages
Book Rating : 4.77/5 ( download)

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Download or read book Yearbook of Private International Law written by Petar Sarcevic and published by sellier. european law publ.. This book was released on 1999 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: !Doctype html public ""-//w3c//dtd html 4.0 transitional//en"" meta http-equiv=content-type content=""text/html; charset=iso-8859-1"" meta content=""mshtml 6.00.6000.17095"" name=generator With articles by Maarit Jänterä-Jareborg, Petar Sarcevic, Hans Ulrich Jessurun d'Oliveira, Paul Volken, national reports from Venezuela, Switzerland, China, Hungaria and Germany and news from The Hague as well as texts, materials and recent developments.

Author : Michal Bobek
Publisher : OUP Oxford
ISBN 13 : 0191669989
Total Pages : 320 pages
Book Rating : 4.89/5 ( download)

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Download or read book Comparative Reasoning in European Supreme Courts written by Michal Bobek and published by OUP Oxford. This book was released on 2013-08-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Author : William Warwick Buckland
Publisher :
ISBN 13 :
Total Pages : 468 pages
Book Rating : 4.89/5 ( download)

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Download or read book A Manual of Roman Private Law written by William Warwick Buckland and published by . This book was released on 1928 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author :
Publisher : CUP Archive
ISBN 13 :
Total Pages : 476 pages
Book Rating : 4./5 ( download)

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Download or read book a manual of roman private law written by and published by CUP Archive. This book was released on 1947 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Guido Comparato
Publisher : Bloomsbury Publishing
ISBN 13 : 1782253866
Total Pages : 334 pages
Book Rating : 4.60/5 ( download)

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Download or read book Nationalism and Private Law in Europe written by Guido Comparato and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internationalisation of society has stimulated the emergence of common legal frameworks to coordinate transnational social relations, private law itself is firmly rooted in national law. European integration processes have altered this state of affairs to a limited degree with a few, albeit groundbreaking, interventions that have tended to engender resistance from various actors within European nation-states. Against that background, this book takes as its point of departure the need to understand the process of legal denationalisation within broader political frameworks. In particular it seeks to make sense of opposition to Europeanisation at this point in the evolution of European law when, despite growing nationalist attitudes, great efforts have been made to produce comprehensive legal instruments to synthesise general contract law - an area that has traditionally been solely within the ambit of nation-states. Combining insights from the disciplines of law, history and political science, the book investigates the conceptual and cultural associations between law and the nation-state, examines the impact of nationalist ideas in modern legal thought and reveals the nationalist underpinnings of some of the arguments employed against and, somewhat paradoxically, even in support of legal Europeanisation. The author's research for this book has been supported by the Hague Institute for the Internationalisation of Law.

Author : Petar Sarcevic
Publisher : Walter de Gruyter
ISBN 13 : 3866537123
Total Pages : 387 pages
Book Rating : 4.25/5 ( download)

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Download or read book 1999 written by Petar Sarcevic and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: With articles by Maarit Jänterä-Jareborg, Petar Sarcevic, Hans Ulrich Jessurun d'Oliveira, Paul Volken, national reports from Venezuela, Switzerland, China, Hungaria and Germany and news from The Hague as well as texts, materials and recent developments.