The Influence of Human Rights and Basic Rights in Private Law
The Influence of Human Rights and Basic Rights in Private Law

Author: Verica Trstenjak

Publisher: Springer

Published: 2015-12-16

Total Pages: 596

ISBN-13: 3319253379

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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The Impact of the UK Human Rights Act on Private Law
The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages: 443

ISBN-13: 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Private Law and Human Rights
Private Law and Human Rights

Author: Daniel Visser

Publisher: Edinburgh University Press

Published: 2013-07-31

Total Pages: 577

ISBN-13: 0748684190

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A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Private Law
Private Law

Author: Kit Barker

Publisher: Cambridge University Press

Published: 2013-12-05

Total Pages: 387

ISBN-13: 1107039118

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An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

The Impact of the European Convention on Human Rights on Private International Law
The Impact of the European Convention on Human Rights on Private International Law

Author: Louwrens R. Kiestra

Publisher: Springer

Published: 2014-09-11

Total Pages: 335

ISBN-13: 9462650322

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

Human Rights in Private Law
Human Rights in Private Law

Author: Dan Friedmann

Publisher: Hart Publishing

Published: 2001

Total Pages: 416

ISBN-13: 1841132136

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In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.

Constitutionalisation of Private Law
Constitutionalisation of Private Law

Author: Thomas Barkhuysen

Publisher: BRILL

Published: 2006

Total Pages: 145

ISBN-13: 9004148523

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This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.

Human Rights and Private International Law
Human Rights and Private International Law

Author: J. J. Fawcett

Publisher: Oxford Private International L

Published: 2016

Total Pages: 0

ISBN-13: 9780199666409

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1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.

Rights and Private Law
Rights and Private Law

Author: Donal Nolan

Publisher: Bloomsbury Publishing

Published: 2011-12-02

Total Pages: 582

ISBN-13: 1847317898

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In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

Human Rights and Private Law
Human Rights and Private Law

Author: Katja S Ziegler

Publisher: Bloomsbury Publishing

Published: 2007-04-26

Total Pages: 242

ISBN-13: 1847313604

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Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.