A Common Law for Europe

A Common Law for Europe

Author: Gian Antonio Benacchio

Publisher: Central European University Press

Published: 2005-09-15

Total Pages: 328

ISBN-13: 6155053804

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An essential guide for lawmakers, scholars, and students of law, this work takes on the formidable task of providing a detailed overview of the harmonization of law in the European Union. Skillfully researched, the authors seek to approach this topic with an eye to the recent enlargement process. In highlighting the most recent actions of the European Court of Justice and the Court of First Instance, the book seeks to analyze the future strengths and pitfalls of EU Common Law. Court rulings are quoted at length, and work in conjunction with text inserts in providing a format that breaks down complex information. This open style of the book gives researchers the ability to quickly locate useful information and cite statements from EU institutions. In outlining the sources and institutions of Community Law, and the challenges in harmonizing national and supra-national law-books, 'A Common Law for Europe' has done a tremendous service for academics and future leaders of the European Union.


Uniform Rules for European Contract Law?

Uniform Rules for European Contract Law?

Author: Francisco de Elizalde

Publisher: Bloomsbury Publishing

Published: 2018-06-28

Total Pages: 302

ISBN-13: 150991630X

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Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.


Comparative Remedies for Breach of Contract

Comparative Remedies for Breach of Contract

Author: Nili Cohen

Publisher: Bloomsbury Publishing

Published: 2005-02-28

Total Pages: 228

ISBN-13: 1847316921

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The book provides a comparative analysis of the law relating to remedies for breach of contract. It examines different remedies such as specific performance and damages,doing so from the viewpoint of different legal systems, principally the English, American, German, French and Israeli. Each essay is written by a recognised specialist in his or her own field. Topics covered include the relationship between substantive rights and contract remedies, the recent reforms of the law relating to breach of contract in Germany, the remedies in the context of a third party beneficiary and the extent to which a claimant can choose the remedy which he or she deems to be the most appropriate. The book also makes use of a range of techniques, particularly economic analysis, when examining the legal rules. The book contains an introductory essay written by the editors and an essay by Professor Friedman, which deals with the relationship between substantive rights and contract remedies.


Procedural Fairness in Competition Proceedings

Procedural Fairness in Competition Proceedings

Author: Paul Nihoul

Publisher: Edward Elgar Publishing

Published: 2015-09-25

Total Pages: 389

ISBN-13: 178536006X

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How substantive competition rules are enforced plays a crucial role in achieving their goals. This thoughtful book examines procedural issues that have arisen from the increased enforcement of competition law worldwide.


Local Meanings of Proportionality

Local Meanings of Proportionality

Author: Afroditi Marketou

Publisher: Cambridge University Press

Published: 2021-07-22

Total Pages: 423

ISBN-13: 1108999093

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This book offers one of the rare empirical studies on the different meanings of proportionality as part of a global constitutional discourse. It develops and applies a theoretically informed comparative methodology for the study of differences in the use of legal transfers. Beyond the transplant versus culture controversy, it enriches our understanding of the relationship between law and its social context. Beyond the common law and civil law cleavage, it provides an in-depth comparison of French, English and Greek judicial review, rendering some core features of these systems accessible to non-initiated readers. The last part of the book provides insights as to the different visions of Europe underlying different phases of European integration and thus enriches our understanding of the process of integration through law.


Italian Studies in Law

Italian Studies in Law

Author: Alessandro Pizzorusso

Publisher: BRILL

Published: 2023-12-21

Total Pages: 178

ISBN-13: 9004633650

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Italian Studies in Law is a new yearbook containing a selection of studies on Italian Law edited by the Italian Association of Comparative Law. Each volume will include essays on private law, public law, procedural law and other judicial disciplines that are of interest to jurists in other countries, which will allow them to form an opinion on developments in the study of law conducted in Italian legal faculties.