A Common Law for Europe

A Common Law for Europe

Author: Gian Antonio Benacchio

Publisher: Central European University Press

Published: 2005-01-01

Total Pages: 331

ISBN-13: 9637326367

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The "Europeanization" of European private law has recently received much scrutiny and attention. Harmonizing European systems of law represents one of the greatest challenges of the 21st century. In effect, it is the adaptation of national laws into a new supra-national law, a process that signifies the beginning of a new age in Europe. This volume seeks to frame the creation of a new European Common Law in the context of recent events in European integration. The work is envisioned as a guide and written in a research friendly style that includes text inserts and an extensive bibliography. The detailed analysis and research this volume accomplishes is invaluable to those scholars and lawmakers who are the next generation of European leaders.


Perspectives for the Unification and Harmonisation of Family Law in Europe

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

Published: 2003

Total Pages: 600

ISBN-13: 9050952879

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Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.


Cases, Materials and Text on Contract Law

Cases, Materials and Text on Contract Law

Author: Hugh Beale

Publisher: Bloomsbury Publishing

Published: 2019-02-21

Total Pages: 1515

ISBN-13: 1509912576

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This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.


Comparative and Transnational History

Comparative and Transnational History

Author: Heinz-Gerhard Haupt

Publisher: Berghahn Books

Published: 2012

Total Pages: 303

ISBN-13: 0857456032

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Since the 1970s West German historiography has been one of the main arenas of international comparative history. It has produced important empirical studies particularly in social history as well as methodological and theoretical reflections on comparative history. During the last twenty years however, this approach has felt pressure from two sources: cultural historical approaches, which stress microhistory and the construction of cultural transfer on the one hand, global history and transnational approaches with emphasis on connected history on the other. This volume introduces the reader to some of the major methodological debates and to recent empirical research of German historians, who do comparative and transnational work.


The Law of the European Union and the European Communities

The Law of the European Union and the European Communities

Author: Pieter Jan Kuijper

Publisher: Kluwer Law International B.V.

Published: 2018-09-28

Total Pages: 1251

ISBN-13: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.


New Perspectives on European Women's Legal History

New Perspectives on European Women's Legal History

Author: Sara L. Kimble

Publisher: Routledge

Published: 2016-07-01

Total Pages: 516

ISBN-13: 1317577159

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This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.


New Perspectives in Scottish Legal History

New Perspectives in Scottish Legal History

Author: A. K. R Kiralfy

Publisher: Routledge

Published: 2014-01-09

Total Pages: 132

ISBN-13: 1317949161

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First published in 1984. Part of The Journal of Legal History which publishes articles and book reviews on the history of the law in the British Isles, and also contributes in English on significant developments in the countries of the Commonwealth and the U.S.A. This edition includes articles on sources of literature, institutional writings, dissasine and mortancester in Scots Law, and the 1707 Union.


New Perspectives on the Welfare State in Europe

New Perspectives on the Welfare State in Europe

Author: Catherine Jones

Publisher: Routledge

Published: 2002-11-01

Total Pages: 276

ISBN-13: 113491234X

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Not since the 1940s has there been such comprehensive scope for uncertainty within and about Europe. New Perspectives on the Welfare State in Europe offers an appraisal of comparative social policy and applies it to current uncertainties concerning European communities and European-North American and East Asian relationships. Including contributions from Deakin, Klein, Leibfried, Mishra and Rose the work should provide essential reading for students, researchers, lecturers and policy makers in social policy, politics and sociology.