Benevolent Intervention in Another's Affairs


Book Description

In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




Principles, Definitions and Model Rules of European Private Law


Book Description

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.







Unjustified Enrichment


Book Description

"Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.




The Professional Salvor's Liability in the Law of Negligence and the Doctrine of Affirmative Damages


Book Description

The research in this book examines the issue of professional salvor's liability for damage caused due to negligent performance of salvage services. Analysis is focused on the relevant international law (1989 Salvage Convention, 1976 LLMC Convention, and the 1992 CLC Convention), the (professional) liability provisions of the chosen number of jurisdictions (England/Wales, Germany, France, and the US), the standard salvage contract forms, the standard of care, the relevant salvage case law, the sanctions for poor or non-performance, and the methods of calculating the limitation of liability. (Series: Writings on Maritime and Port Law / Schriften zum See- und Hafenrecht - Vol. 20)




The Common European Sales Law in Context


Book Description

European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.




Cases and Materials on the Law of Restitution


Book Description

Written by leading experts who have shaped and defined the law of restitution, the book provides an authoritative and scholarly guide to the subject. The second edition of this seminal title continues the formula of the first edition by combining a comprehensive coverage of cases with extracts from leading academic authorities.




Proceedings of the 3rd Borobudur International Symposium on Humanities and Social Science 2021 (BIS-HSS 2021)


Book Description

This is an open access book. Still related to the big theme of reinforcement the SDG’s at the previous conference, we try to invite academics and researchers in the world to participate in the 3rd Borobudur International Symposium 2021 (3rd BIS 2021). As we know, The COVID-19 pandemic and its impact on all 17 SDGs have demonstrated that what began as a health catastrophe swiftly transformed into a human and socioeconomic crisis. In September 2019, the UN Secretary-General urged all sectors of society to mobilize for a decade of action on three fronts: global action to ensure increased leadership, increased resources, and smarter solutions for the Sustainable Development Goals; local action to embed the necessary transitions into governments’ policies, budgets, institutions, and regulatory frameworks; and international action to ensure greater leadership, increased resources, and smarter solutions for the Sustainable Development Goals. Especially in 3rd BIS 2021, we brought up “Decade of Action towards Environmental Issues: Advancing the Innovation to Recover our Planet” as main theme. The conference will be held on Wednesday, December 15, 2021 in Magelang, Central Java, Indonesia. Scope includes Art & Linguistics, Communication, Economics, Education, Government Studies, Health Administration, Hospitality, International Relations, Law, Pharmacy, Political Studies, Psychology, Public Health, Religious Studies, Sociology, Health Sciences.




The Oxford Handbook of Comparative Law


Book Description

The Oxford Handbook of Comparative Law provides a wide-ranging and highly 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 two chapters which are 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.