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)


Netherlands Reports to the Eighteenth International Congress of Comparative Law

Netherlands Reports to the Eighteenth International Congress of Comparative Law

Author: J. H. M. van Erp

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9789400000421

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Every four years, the International Academy of Comparative Law (IACL) organizes an International Congress of Comparative Law, with the 2010 congress being held in Washington DC. In preparation of the congress, the IACL has drawn up a list of topics and has asked the national associations of comparative law to invite authors to write a national report on the various topics. At the same time, a general reporter has been appointed for each topic, who writes a general report on the basis of the various national reports that have been written on that topic. The Netherlands Comparative Law Association publishes all national reports written by the Dutch reporters. This book contains all the Dutch national reports written for the 2010 Washington congress.


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 Uitgevers N V

Published: 1998

Total Pages: 588

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".


General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé

Author: Karen B. Brown

Publisher: Springer Science & Business Media

Published: 2011-12-29

Total Pages: 699

ISBN-13: 9400723547

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This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and the Middle East in a format that permits the reader easy access to similarities and differences in the approaches of the selected national regimes. This comprehensive volume tells the story of parallel trends in the evolution of legal doctrine despite jurisdictional, cultural, and political barriers. While each of the covered countries stands alone as a sovereign, in a technologically advanced world their disparate systems nonetheless have converged to adopt comparable strategies in dealing with complex legal issues. The volume is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law.


New Developments in Civil and Commercial Mediation

New Developments in Civil and Commercial Mediation

Author: Carlos Esplugues

Publisher: Springer

Published: 2015-09-11

Total Pages: 785

ISBN-13: 3319181351

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By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.


Comparative Law - Engaging Translation

Comparative Law - Engaging Translation

Author: Simone Glanert

Publisher: Routledge

Published: 2014-06-27

Total Pages: 226

ISBN-13: 1135047464

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In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.


Legal Integration and Language Diversity

Legal Integration and Language Diversity

Author: C.J.W. Baaij

Publisher: Oxford University Press

Published: 2018-02-01

Total Pages: 267

ISBN-13: 0190680806

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How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.


The Oxford Handbook of Comparative Law

The Oxford Handbook of Comparative Law

Author: Mathias Reimann

Publisher: Oxford University Press

Published: 2019-03-26

Total Pages: 1593

ISBN-13: 0192565524

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This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.