Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982

Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982

Author: H. D'Oliveira

Publisher: Springer Science & Business Media

Published: 2013-11-11

Total Pages: 445

ISBN-13: 9401744432

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Last year I addressed the Netherlands Comparative Law Asso ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na tional committees and general reporters of some fifteen coun tries.


Netherlands Reports to the Seventeenth International Congress of Comparative Law, Utrecht 2006

Netherlands Reports to the Seventeenth International Congress of Comparative Law, Utrecht 2006

Author: J. H. M. van Erp

Publisher: Intersentia nv

Published: 2006

Total Pages: 557

ISBN-13: 9050955797

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This book gives the reader an overview of current developments in Dutch Law. The contributions are from leading academics from different universities in the Netherlands. Amongst others the following topics are covered: . Dutch family law in the 21st Century: Trend-setting and straggling behind at the same time (M. Antonkolskaia and K. Boele-Woelki) . Mediation in the Netherlands: past - present - future (A. de Roo and R. Jagtenberg) . Mandatory and non-mandatory rules in Dutch corporate law (M. Meinema) . Limits and control of competition with a view to international harmonisation (P.-J. Slot) . Rights of minority shareholders in the Netherlands (L. Timmerman and A. Doorman) . Constitution, international treaties, contracts and torts (M. van Empel and M. de Jong) . Human rights and private corporations: A Dutch legal perspective (S. van Bijsterveld) . The rights of the embryo and the foetus under Dutch law (V. Derckx and E. Hondius) . Regulating electronic commerce in the Netherlands (C. Prins)


General Reports of the XVIIth Congress of the International Academy of Comparative Law

General Reports of the XVIIth Congress of the International Academy of Comparative Law

Author: Katharina Boele-Woelki

Publisher: Eleven International Publishing

Published: 2007

Total Pages: 1057

ISBN-13: 9077596194

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This work contains the General Reports presented at the XVIIth Congress of the International Academy of Comparative Law (IACL), which was held in July 2006 in Utrecht. A wide variety of topics is covered in this collection, ranging from liability of judges to competition law. The book provides an interesting assessment of the development of comparative law in recent decades and shows the growing importance of comparative law in various disciplines of law.


Netherlands Reports to the Sixteenth International Congress of Comparative Law

Netherlands Reports to the Sixteenth International Congress of Comparative Law

Author: E. H. Hondius

Publisher: Intersentia nv

Published: 2002

Total Pages: 1

ISBN-13: 9050952321

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This book gives the reader an overview of current developments in Dutch Law. The contributions are from leading academics from different universities in the Netherlands. Amongst others the following topics are covered: - Dutch family law in the 21st Century: Trend-setting and straggling behind at the same time (Masha Antonkolskaia and Katharina Boele-Woelki) - Mediation in the Netherlands: past - present - future (Annie de Roo and Rob Jagtenberg) - Mandatory and non-mandatory rules in Dutch corporate law (Martha Meinema) - Limits and control of competition with a view to international harmonisation (Piet Jan Slot) - Rights of minority shareholders in the Netherlands (L. Timmerman and A. Doorman) - Constitution, international treaties, contracts and torts (Martijn van Empel and Marianne de Jong) - Human rights and private corporations: A Dutch legal perspective (Sophie van Bijsterveld) - The rights of the embryo and the foetus under Dutch law (Veelke Derckx and Ewoud Hondius) - Regulating electronic commerce in the Netherlands (C. Prins)


Festschrift Liber Amicorum Tu?rulansay

Festschrift Liber Amicorum Tu?rulansay

Author: Sabih Arkan

Publisher: Kluwer Law International B.V.

Published: 2006-01-01

Total Pages: 578

ISBN-13: 9041125140

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Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fellow-comparatists, all of them well-known scholars in their fields. They offer insightful views on some of the many tasks of legal scholarship taken up by Dr. Ansay in the course of his long career, including such areas as the following: European competition law Conflicts of labor law conflicts among EC law and various national legal systems European real property law multiple nationality and diplomatic protection fundamental rights and private international law international consumer protection family relations in foreign law and in international family law Rights on immovable properties in Europe international agreements on jurisdiction the Anglo-internationalisation of law and language foreign direct investment protection legal education in Germany The wealth of material in this book represents a treasury of commentary and information that no student of comparative law will want to do without. Because of its array of outstanding authors in the field and its important sidelights on such areas as transplanted law, legal and social change, comparative law methodology, European legal integration and convergence, and cross-border import and export of ideas and institutions, this book is far more than a liber amicorum: it is a major new contribution to the field of comparative law, and will be of great value not only to academics but to lawyers involved in cross-border practice in areas such as family law, human rights law, and international business transactions.


Comparative Corporate Governance

Comparative Corporate Governance

Author: Andreas M. Fleckner

Publisher: Cambridge University Press

Published: 2013-07-11

Total Pages: 1252

ISBN-13: 1107355117

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The business corporation is one of the greatest organizational inventions, but it creates risks both for shareholders and for third parties. To mitigate these risks, legislators, judges, and corporate lawyers have tried to learn from foreign experiences and adapt their regulatory regimes to them. In the last three decades, this approach has led to a stream of corporate and capital market law reforms unseen before. Corporate governance, the system by which companies are directed and controlled, is today a key topic for legislation, practice, and academia all over the world. Corporate scandals and financial crises have repeatedly highlighted the need to better understand the economic, social, political, and legal determinants of corporate governance in individual countries. Comparative Corporate Governance furthers this goal by bringing together current scholarship in law and economics with the expertise of local corporate governance specialists from twenty-three countries.


Judicial Review of Legislation

Judicial Review of Legislation

Author: Gerhard van der Schyff

Publisher: Springer Science & Business Media

Published: 2010-06-16

Total Pages: 332

ISBN-13: 9048190029

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Constitutionalism is the permanent quest to control state power, of which the judicial review of legislation is a prime example. Although the judicial review of legislation is increasingly common in modern societies, it is not a finished project. This device still raises questions as to whether judicial review is justified, and how it may be structured. Yet, judicial review’s justification and its scope are seldom addressed in the same study, thereby making for an inconvenient divorce of these two related avenues of study. To narrow the divide, the object of this work is quite straightforward. Namely, is the idea of judicial review defensible, and what influences its design and scope? This book addresses these matters by comparing the judicial review of legislation in the United Kingdom (the Human Rights Act of 1998), the Netherlands (the Halsema Proposal of 2002) and the Constitution of South Africa of 1996. These systems present valuable material to study the issues raised by judicial review. The Netherlands is of particular interest as its Constitution still prohibits the constitutional review of acts of parliament, while allowing treaty review of such acts. The Halsema Proposal wants to even out this difference by allowing the courts also to apply constitutional norms to legislation and not only to international norms. The Human Rights Act and the South African Constitution also present interesting questions that will make their study worthwhile. One can think of the issue of dialogue between the legislature and the judiciary. This topic enjoys increased attention in the United Kingdom but is somewhat underexplored in South African thought on judicial review. These and similar issues are studied in each of the three systems, to not only gain a better understanding of the systems as such, but also of judicial review in general.


Netherlands Reports to the Fifteenth International Congress of Comparative Law

Netherlands Reports to the Fifteenth International Congress of Comparative Law

Author: E. H. Hondius

Publisher: Intersentia

Published: 1998

Total Pages: 624

ISBN-13: 9789050950411

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This publication gives an overview of the academic developments in the field of comparative law in the Netherlands. Twenty-seven extensive articles, mainly in English, cover all legal areas and give a state of affairs in the Netherlands. This includes "the gentleman's agreement", "the institution of the trust and Dutch law", "protection of persons in medical research", "the legal protection of biological material", "anonymous witnesses in the Netherlands", "flexibilisation of working life", "the impact of the Internet on legal bibliography", "information and communication technology".


Fundamental Rights in European Contract Law

Fundamental Rights in European Contract Law

Author: Chantal Mak

Publisher: Kluwer Law International B.V.

Published: 2008-01-01

Total Pages: 399

ISBN-13: 9041126716

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Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.


The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

Author: Martijn Hesselink

Publisher: Kluwer Law International B.V.

Published: 2002-10-16

Total Pages: 290

ISBN-13: 9041119620

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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.