Resultados de Pesquisa

INGLÊS

Academic Green Paper On European Contract Law

280,90€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The Contract is the core tool of governance in a free market economy. An EU Contract law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the European Commission proposed three major options: to enhance the existing EC Contract law by eliminating inconsistencies; to introduce a European Code which substitutes national laws; and to introduce a European Code which only supplements national laws. This book achieves three things: for the first time, European academia is discussing these three options in an extensive and systematic way - with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists - from those who drafted the models to those who illustrated the potential of decentralised rulemaking and invented the very idea of an Optional Code. And it is the first book in which the Optional Code, which is the alternative most likely to come, is thoroughly analysed at all. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract law and a European Code. It is the ''Academic Green Paper on European Contract law''.
INGLÊS

New European Private Law - Essays On The Future Of Private Law In Europe

225,25€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present ''common core'' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
INGLÊS

Architecture Of European Codes And Contract Law

266,33€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential ‘architecture’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code.The book is organised along three major avenues:• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract;• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount.The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The book’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
INGLÊS

Politics Of A European Civil Code

257,05€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 Here is a remarkable collection of essays on the ideologies and power struggles that inform the effort to Europeanize private law. In addition to a manifesto emphasising the role of social and distributive justice, nine articles by prominent European academic jurists offer analytic perspectives that take account of such significant factors as the following: the politics of the Action Plan process; the notions of coherence, social values and national tradition; extension of the European unification debate to property law; a code for the ordinary working people; cultural diversity; the legal basis for a European Civil Code; the constitutional process and the role of fundamental rights; a European social model With its broad scope and depth of insight, this deeply informed and far-seeing collection makes a powerful contribution to the debate. It should not be overlooked by any student, scholar, or practitioner concerned with the nature of private law in Europe. These essays were originally written as papers presented at a conference held in Amsterdam in January 2005
INGLÊS

General Clauses And Standards In European Contract Law - Comparative Law, Ec Law And Contract Law Codification

225,25€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l''association Henri Capitant, held in the `grande salle'' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground; EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; and the European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
INGLÊS

Forthcoming Ec Directive On Unfair Commercial Practices - Contract, Consumer And Competition Law Implications

249,10€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 To encourage cross-border transactions in the Single Market of the European Community, the Commission has proposed general framework legislation to set general standards that forbid unfair marketing practices towards consumers, thereby increasing consumer confidence when deciding whether or not to shop abroad in the Community, either in person or through modern methods of electronic purchasing through the Internet. The essays in this volume critically examine the proposed Directive that prohibits unfair commercial practices, and in particular they consider the potential legal and economic implications of a legal duty to trade fairly in the context of general contract law, the protection of consumers, and the needs of competition policy. The distinguished authors of these essays, from Finland, Germany, Italy, The Netherlands, Spain, and the United Kingdom, explain the different approaches of national legal systems to the legal regulation of marketing practices, and assess the compatibility of the proposed Directive with national law and its likely success in achieving the promotion of trade in the Single Market.
INGLÊS

European Codification Process - Cut And Paste

de Ugo Mattei

215,98€ + 10% EM CARTÃO

DISPONIBILIDADE IMEDIATA

 This volume contains thoughts on the issue of Codification of European Private Law and on the present state of European Private Law by one of the protagonists of the debate that is unfolding in Europe. Taking a sometimes sharply critical view, Professor Mattei attempts to unveil what he considers biases, strategies, and ideologies that affect the European legal process. The work attempts to open a basic and genuine political debate between legal scholars, which he considers an unavoidable prerequisite of any major reform process in private law. Challenging the claim of technocratic neutrality shared by much of the most influential European legal academy, the author uses the tools of Comparative Law and Economics to set priorities on the table and to show some of the real stakes of the present process.The work explores fundamental areas of European private law, from the sources, to contracts, to trust law.
INGLÊS

Arbitrating For Peace - How Arbitration Made A Difference

de Annette Magnusson, Joel Dahlquist e Ulf Franke

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INGLÊS

The New European Private Law - Essays On The Future Of Private Law In Europe

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INGLÊS

General Clauses And Standards In European Contract Law - Comparative Law, Ec Law And Contract Law Codification

158,17€

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