Author : Basil S Markesinis
Publisher : Hart Publishing
Page : 1127 pages
File Size : 15,96 MB
Release : 2002-06-10
Category : Law
ISBN : 1841132977
This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology.
Author : Janwillem Oosterhuis
Publisher : BRILL
Page : 652 pages
File Size : 49,62 MB
Release : 2011-04-06
Category : Law
ISBN : 9004202285
The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations. Studies in the History of Private Law, vol. 2
Author : Nils Jansen
Publisher : Oxford University Press
Page : 2379 pages
File Size : 39,71 MB
Release : 2018-07-12
Category : Law
ISBN : 0192508008
The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Author : Joachim Zekoll
Publisher : Kluwer Law International B.V.
Page : 762 pages
File Size : 16,97 MB
Release : 2018-11-28
Category : Law
ISBN : 9041191143
It is thirteen years since the appearance of the successful second edition of this convenient English-language introduction to the law of Germany. This new edition covers all the significant changes and innovations that have occurred during that period, encompassing the pervasive impacts of European Union law and of globalization, as well as the greatly increased activity of the German legislature in every area addressed in this volume. With fifteen lucid chapters written by academic experts in their respective fields of law, as well as detailed bibliographies, this is the ideal starting point for research whenever a question of German law must be answered. The authors clearly explain the legal concepts, customs, and rules arising from such basic elements as the following: – characteristic problems of German legal unity; – principles and practices of constitutional law; – administrative law and procedure; – the German Commercial Code; – formation and conduct of corporations and partnerships; – contracts; – tort liability; – property rights; – family law; – succession and inheritance; – labor and employment; – issues of private international law; – courts and civil procedure; – the penal code and criminal procedure. Introduction to German Law, Third Edition provides an authoritative description of all issues likely to emerge in the course of normal application of German law in any context.
Author : Ulrich Pfister
Publisher : Taylor & Francis
Page : 391 pages
File Size : 46,15 MB
Release : 2023-03-27
Category : Business & Economics
ISBN : 1000850269
There is a striking chronological parallel between Germany’s transition from a post-Malthusian regime to modern economic growth and the formation of a modern nation-state between the late 1860s and the early 1880s, which culminated in the events of 1871.The central question of this book is whether and how such state formation did in fact contribute to economic development. Twenty chapters written by leading experts in their respective fields deal with various aspects of the book’s main question. Together, they identify three channels by which national unification contributed to Germany’s economic development: (1) Creation of a nation-state completed a process of institutional Unification of a large inland area and thereby increased the integration of domestic markets. (2) Unification raised the capacity of the political system with respect to regulating complex domains, such as stock companies, patenting, and social insurance. (3) The emerging political regime of market-preserving federalism promoted the quality of economic institutions. Moreover, a set of chapters dealing with the experience of other European economies apart from Germany during the second half of the nineteenth century highlight additional factors in nineteenth-century economic development, most notably the first wave of modern globalization and economic geography. Readers interested in the history of state building and the economic history of Germany and of Europe in general during the age of industrialization and globalization and students of the economic effects of political integration and decentralized state growth will all gain much from this book.
Author : Jacob Riesser
Publisher :
Page : 1068 pages
File Size : 44,52 MB
Release : 1911
Category : Banks and banking
ISBN :
Author : Paul Davies
Publisher : OUP Oxford
Page : 867 pages
File Size : 28,19 MB
Release : 2013-11-28
Category : Law
ISBN : 0191015253
Corporate boards play a central role in corporate governance and are thus regulated in the corporate law and corporate governance codes of all industrialized countries. Yet while there is a common core of rules on the boards considerable differences remain. These differences depend partly on shareholder structure, partly on historical, political and social developments and especially employee representation on the board. More recently, in particular with the rise of the international corporate governance code movement, there is a clear tendency towards convergence, at least in terms of the formal provisions of the codes. This book analyses the corporate boards, their regulation in law and codes and their actual functioning in ten European countries (Belgium, France, Germany, Italy, the Netherlands, Poland, Spain, Sweden, Switzerland and the United Kingdom). It offers the most up to date practical and analytical information on boards in Europe by leading company law experts. The issues addressed include: board structure, composition and functioning (one tier v. two tier, independent directors, expertise and diversity, separating the chair and the CEO functions, information streams, committees, voting and employee representation); enforcement by liability rules (in particular conflicts of interest), incentive structures (remuneration) and shareholder activism.
Author : E. Lauterpacht
Publisher : Cambridge University Press
Page : 610 pages
File Size : 18,60 MB
Release : 1963
Category : Law
ISBN : 9780521463706
International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of courts and arbitrators, as well as judgements of national courts.
Author : Carsten Gerner-Beuerle
Publisher : Oxford University Press
Page : 1704 pages
File Size : 18,61 MB
Release : 2019-05-06
Category : Law
ISBN : 0191059080
Comparative Company Law provides a systematic and coherent exposition of company law across jurisdictions, augmented by extracts taken from key judgments, legislation, and scholarly works. It provides an overview of the legal framework of company law in the US, the UK, Germany, and France, as well as the legislative measures adopted by the EU and the relevant case law of the Court of Justice. The comparative analysis of legal frameworks is firmly grounded in legal history and legal and economic theory and bolstered by numerous extracts (including extracts in translation) that offer the reader an invaluable insight into how the law operates in context. The book is an essential guide to how company law cuts across borders, and how different jurisdictions shape the corporate lifespan from its formation by way of incorporation to its demise (corporate insolvency) and eventual dissolution. In addition, it offers an introduction to the nature of the corporation, the framework of EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, neutrality and defensive measures in corporate control transactions, legal capital, piercing the corporate veil, and corporate insolvency and restructuring law.
Author : Robert Koch
Publisher : Kluwer Law International B.V.
Page : 253 pages
File Size : 25,77 MB
Release : 2023-01-20
Category : Law
ISBN : 9403525568
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides valuable practical insight into both public supervisory legislation concerning insurance and private insurance contract law in Germany. An informative general introduction surveying the legal, political, financial, and commercial background and surroundings of insurance provides a sound foundation for the specific detail that follows. The book covers all essential aspects of the law and regulation governing insurance policies and instruments. Its detailed exposition includes examination of the form of the insurance company and its reserves and investments; the insurance contract; the legal aspects of the various branches of property and liability insurance; motor vehicle insurance schemes; life insurance, health insurance, and workmen’s compensation schemes; reinsurance, co-insurance, and pooling; taxation of insurance; and risk management and prevention. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling cases affecting Germany. It will be of practical utility to those both in public service and private practice called on to develop and to apply the laws of insurance, and of special interest as a contribution to the much-needed harmonization of insurance law.
