Legal Pluralism In European Contract Law

Author : Vanessa Mak
Publisher : Oxford University Press, USA
ISBN 13 : 019885448X
Total Pages : 289 pages
Book Rating : 4.87/5 ( download)

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Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press, USA. This book was released on 2020-09-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.

Author : Leone Niglia
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250646
Total Pages : 294 pages
Book Rating : 4.47/5 ( download)

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Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.

Author : Gareth Davies
Publisher : Edward Elgar Publishing
ISBN 13 : 1786433095
Total Pages : 448 pages
Book Rating : 4.91/5 ( download)

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Download or read book Research Handbook on Legal Pluralism and EU Law written by Gareth Davies and published by Edward Elgar Publishing. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.

Author : Lucinda Miller
Publisher : OUP Oxford
ISBN 13 : 0191029645
Total Pages : 280 pages
Book Rating : 4.46/5 ( download)

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Download or read book The Emergence of EU Contract Law written by Lucinda Miller and published by OUP Oxford. This book was released on 2011-09-22 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119612
Total Pages : 330 pages
Book Rating : 4.12/5 ( download)

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Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.

Author : Paul Schiff Berman
Publisher : Oxford University Press, USA
ISBN 13 : 0197516742
Total Pages : 1133 pages
Book Rating : 4.44/5 ( download)

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Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press, USA. This book was released on 2020-09-24 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--

Author : Reiner Schulze
Publisher : sellier. european law publ.
ISBN 13 : 3866530366
Total Pages : 452 pages
Book Rating : 4.62/5 ( download)

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Download or read book New Features in Contract Law written by Reiner Schulze and published by sellier. european law publ.. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.

Author : Thomas Wilhelmsson
Publisher : Dartmouth Publishing Company
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.80/5 ( download)

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Download or read book Social Contract Law and European Integration written by Thomas Wilhelmsson and published by Dartmouth Publishing Company. This book was released on 1995 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work acknowledges two perspectives on the development of contract law: welfarist aspects of contract law; and harmonization in terms of international trade. Broadly, the book concentrates on the social contract areas, and not on international trade.

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
ISBN 13 : 0190861584
Total Pages : 208 pages
Book Rating : 4.82/5 ( download)

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Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.

Author : Vanessa Mak
Publisher : Oxford University Press
ISBN 13 : 0192596683
Total Pages : 288 pages
Book Rating : 4.80/5 ( download)

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Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press. This book was released on 2020-09-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.