The Architecture of European Codes and Contract Law


Book Description

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.




Law, Technology and Dispute Resolution


Book Description

The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.




The Global Commons


Book Description

Antarctica, the high seas and deep seabed, the atmosphere, and space are increasingly accessible - and exploited - resource domains. Collectively known as the global commons, they represent a new and profound challenge for international law and institutions. In The Global Commons, Susan Buck considers the unique physical, legal, management, and policy problems associated with these areas. The book is a clear, useful introduction to the subject that will be of interest to general readers as well as to students in international relations, international law, and environmental law and policy.




Eurasian Economic Perspectives


Book Description

This volume of Eurasian Studies in Business and Economics includes selected papers from the 25th Business and Economics Society (EBES) Conference, held in Berlin, Germany, in May 2018. While the theoretical and empirical papers presented cover diverse areas of economics and finance from different geographic regions, the main focus is on the latest research in the economics of innovation, investment and risk management together with regional studies. The book also includes studies on law and regulation themes such as economic offences by women, formation of contracts via the internet and public tender for residents of communes.




Family and Succession Law in Nigeria


Book Description

Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Nigeria covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Nigeria. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.




The Ancient Economy


Book Description

"The Ancient Economy holds pride of place among the handful of genuinely influential works of ancient history. This is Finley at the height of his remarkable powers and in his finest role as historical iconoclast and intellectual provocateur. It should be required reading for every student of pre-modern modes of production, exchange, and consumption."--Josiah Ober, author of Political Dissent in Democratic Athens




Contract Law Minimalism


Book Description

Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.




Current Law Index


Book Description




Ancient Nets and Fishing Gear


Book Description

The fishing technology of the Classical world has so far received little systematic attention, neither from historians nor from archaeologists. In this volume, the reader will find a series of studies offering a wide range of approaches to the topic of ancient fishing technology, based on detailed studies of the available literary, archaeological, pictorial and icthyological evidence as well as on diachronic comparisons with fishing techniques of the Early Medieval and Modern periods. The articles included in the present volume are based on the authors' presentations at an international, interdisciplinary workshop in Cadiz, covering the history of fishing from Pre-history to the present day, with a special emphasis on the Roman period.




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.