Specific Performance in German, French and Dutch Law in the Nineteenth Century

Specific Performance in German, French and Dutch Law in the Nineteenth Century PDF

Author: Janwillem Oosterhuis

Publisher: Martinus Nijhoff Publishers

Published: 2011-04-07

Total Pages: 653

ISBN-13: 9004196056

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This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.

Specific Performance in German, French and Dutch Law in the Nineteenth Century

Specific Performance in German, French and Dutch Law in the Nineteenth Century PDF

Author: Janwillem Oosterhuis

Publisher: BRILL

Published: 2011-04-07

Total Pages: 652

ISBN-13: 9004202285

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This book illustrates the influence of early human rights and mass industrialisation on the right to (physically) enforce performance of obligations in France, the German territories and the Netherlands during the nineteenth century. It provides background information to the harmonisation of a controversial concept in European Private Law.

Precedent and Statute

Precedent and Statute PDF

Author: Orlin Yalnazov

Publisher: Springer

Published: 2018-11-02

Total Pages: 345

ISBN-13: 3658243856

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Should laws be made in courts or in parliaments? Orlin Yalnazov proposes a new approach to the problem. He conceptualizes law as an information product, and law-making as an exercise in production. Law-making has inputs and outputs, and technology is used to transform one into the other. Law may, depending on input and technology, take on different forms: it can be vague or it can be certain. The ‘technologies’ between which we may choose are precedent and statute. Differences between the two being sizeable, our choice has significant repercussions for the cost of the input and the form of the output. The author applies this framework to several problems, including the comparison between the common and the civil law, comparative civil procedure, and EU law. Perhaps most critically, he offers a critique of the ‘efficiency of the common law’ hypothesis.

The Common European Sales Law in Context

The Common European Sales Law in Context PDF

Author: Gerhard Dannemann

Publisher: Oxford University Press

Published: 2013-03-21

Total Pages: 858

ISBN-13: 0199678901

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The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.

Research Handbook on International Commercial Contracts

Research Handbook on International Commercial Contracts PDF

Author: Andrew Hutchison

Publisher: Edward Elgar Publishing

Published: 2020-12-25

Total Pages: 368

ISBN-13: 178897106X

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This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion of international commercial contract law. International scholars from a range of jurisdictions and legal cultures across Africa, North America and Europe, dissect a plethora of contract types, including sale, insurance, shipping, credit, negotiable instruments and agency against the backdrop of key legal regimes commonly chosen in international agreements.

The Right to Specific Performance

The Right to Specific Performance PDF

Author: Jan Hallebeek

Publisher:

Published: 2010

Total Pages: 212

ISBN-13:

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This book is a sequel to volume 71 of the same series (Specific Performance in Contract Law: National and Other Perspectives). It resulted from the co-operation between legal historians, participating in the programme `Contract law and law of obligations in general' of the research school lus Commune. --Book Jacket.

Transfer of Movables in German, French, English and Dutch Law

Transfer of Movables in German, French, English and Dutch Law PDF

Author: Lars Peter Wunibald van Vliet

Publisher:

Published: 2000

Total Pages: 270

ISBN-13:

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The subject-matter of this book is the transfer of movable property in German, French, English and Dutch law. Of particular importance is the division into the three main types of transfer system: the causal consensual system, the causal tradition system and the abstract tradition system. Here two dividing lines intertwine: the distinction between causal and abstract systems and the distinction between consensual and tradition systems. Often the existence of three different transfer systems is seen as a complicating factor in harmonizing European private law. Yet, the book demonstrates that the division between consensual systems and tradition systems and the division between causal and abstract systems are not unbridgeable.