Private law

Xem 1-20 trên 91 kết quả Private law
  • Constitutionalisation of private law: an ‘enrichment of legal discourse’, or ‘nonsense on stilts’? The issue of the influence of fundamental rights in private law can be localized in the middle of this friction. There appear to be passionate ‘believers’ as well as persistent ‘sceptics’. Therefore, constitutionalisation of private law is, at least, of importance from an academic point of view. The influence of fundamental rights in private law is, however, not ‘just’ a matter of academic discourse....

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  • This book is based on a doctoral thesis completed at the Faculty of Law, University of Cambridge. It benefited from research funding provided by Gonville and Caius College and the Faculty of Law in Cambridge, and from the hospitality and generous assistance of Professors Jürgen Basedow and Reinhard Zimmermann during a period at the Max Planck Institute for Comparative and International Private Law in Hamburg, and of Professor George Bermann during a period as a Visiting Scholar at Columbia University....

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  • The purpose of the Companion is to provide a reference work for the active researcher in law and economics. In so doing, care has been taken to avoid a possible overlap with other works in the field. In particular, the Companion does not intend to duplicate the ambitious New Palgrave, which aims to balance its pointedly formal focus by emphasizing institutional economics (Newman, 1998).

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  • Historically, the law did not involve itself too much in the regulation of marriage. An individual was free to ‘marry’ merely by the exchange of vows, or by the act of sexual intercourse with their partner. This lack of legal regulation led to the term ‘common law wife’, which is still in use today, although having little, if any, legality or rights attached to it. The law did, however, start to become involved in marriage in the 18th century, and now legislation provides the rules surrounding the process of marriage.

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  • The papers in this collection were presented at a conference held in Saskatoon, Canada, on 17-19 October 1996 under the auspices of the College of Law, University of Saskatchewan. There are many people and several institutions to thank for making that conference, and this collection of essays, possible. The organisation of the conference was one of the pleasurable duties I undertook in 1996 as the Law Foundation of Saskatchewan Visiting Professor at the College of Law, University of Saskatchewan.

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  • LEGAL CULTURE VERSUS Legal Tradition? The dichotomy is unreal in most circumstances. But not in all. Legal culture is legal tradition, and legal tradition is legal culture. But with an exception. Those living the culture, namely lawyers including judges and law professors, are usually unaware of the tradition. They are often unaware of, and indifferent to, history. (I would like readers to know that I am dealing only with private law. Constitutional law is beyond my expertise).

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  • The role of the law in settling family disputes has been a matter o particular debate over the past 25 years. In keeping with the genera public perception, the media have been largely critical about the role o lawyers in family law matters, sustaining a general lack of confidence in the legal profession, and a more specific feeling that in family matters lawyers aggravate conflict or even represent a female conspiracy. The climate in which family lawyers practise in England and Wales is therefore a harsh one....

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  • In this volume the Study Group on a European Civil Code (the ‘Study Group’) and the Research Group on Existing EC Private Law (the ‘Acquis Group’) present the revised and final academic Draft of a Common Frame of Reference (DCFR). It contains Principles, Definitions and Model Rules of European General Intr. 1 3 Private Law in an outline edition. Among other goals, its completion fulfils an obligation to the European Commission undertaken in 2005. The Commission’s Research Directorate-General funded part of the work.

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  • International law is the term commonly used for referring to laws that govern the conduct of independent nations in their relationships with one another. It differs from other legal systems in that it primarily concerns provinces rather than private citizens.

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  • Administrative law is an exciting topic, in particular for those with an interest in how the law seeks to control the exercise of the enormous powers of the modern state. In the development of the law generally, modern administrative law is a recent, very largely post-Second World War, phenomenon. In legal education, it has grown over the past 20 years from being a component within established constitutional law courses to being a subject in its own right. Its relationship with constitutional law, however, must not be forgotten....

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  • This book is the result of long-standing collaboration between Cardiff Law School, University of Wales, and the Willem Pompe Institute for Criminal Law and Criminology of the University of Utrecht. It is the fifth book to appear since our first research contacts in 1986.1 Since those early days, our field of collaborators has broadened considerably. Some of the original group have moved on to work elsewhere, but have nevertheless remained sufficiently involved to want to contribute to this volume.

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  • Early in 1765 John Adams began writing an essay on the history of ecclesiastical and civil despotism for the Sodality, a private club of Boston lawyers. His purpose was to contrast the tyranny of the canon and feudal law against New England’s heroic struggle for freedom. He soon decided to expand and publish his “Dissertation on the Canon and Feudal Law” when he learned of Parliament’s approval of the Stamp Act in March 1765. In his diary, Adams described the Stamp Act as an “enormous Engine, fabricated by the british Parliament, for battering down all the Rights and Liberties...

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  • EARLY LAST CENTURY, the People’s Amusement Company operated a playhouse where it provided all sorts of entertainment to the people of Topeka, Kansas. One day, a building inspector saw to his horror that the electrical wiring of the theatre lay bare and was not enclosed in conduit or armoured cable. The People were not amused. Licenses were withdrawn, fines were imposed. The Law had been offended. Or had it?

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  • Voraussetzungen für einen Wechsel in die private Krankenversicherung gibt es genügend. Vielen Versicherungsinteressenten fällt es schwer, dabei einen genauen Überblick zu behalten. Dabei handelt es sich sowohl um gesetzlich vorgeschriebene Zulassungsvoraussetzungen, als auch um Voraussetzungen welche an die Privatkassen gebunden sind.

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  • In the year 2006, just as the European Union was planning its 50th birthday party, the powerful and prestigious American Bar Association circulated the first fruits of a major restatement of European Community law. Whether the ABA is a nonprofit- making organisation, I am not aware; but it is hardly a philanthropic institution.Why then should this massive project have seen the light of day? One reason is that transatlantic political relationships are becoming closer.

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  • It is with great pleasure that I introduce, with this edition, two new co-authors who have assisted significantly in the preparation of this substantially revised text. Claire Humphreys and Rob Davidson lecture at the University of Westminster and both have had extensive experience working in tourism, both in the public and private sectors. They are committed to the long-term future of this text, the longest running in the UK and now in its 26th year.

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  • The Mexican legal system is a mixture of U.S. constitutional theory within a civil law system. Mexico’s legal framework concerning real property includes the Federal Constitution, Federal Civil Code, state civil codes, municipal laws and ordinances. Additionally, the Foreign Investment Law and Foreign Investment Law Regulations regulate foreign investment. In Mexico, real property is classified as either public, private or communal, the nature of which will affect the property’s use and potential alienation.

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  • Empirical evidence regarding international relative prices at the consumer level suggests that arbitrage in international markets is not rapid and that these markets are highly segmented. In fact, even markets for traded goods appear to be highly segmented internationally: In the data, both real exchange rate movements and deviations from the law of one price for traded goods are large and persistent.

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  • This unusual and difficult balance is on full display in Kelman's ambitious attempt to address the most vexing problem of the social reform agenda: How should the costs of social programs be borne? Based on his well-received Cooley Lectures at the University of Michigan, Kelman's book seeks the guiding constitutional and policy considerations that should constrain government action. The topics covered include such front-burner issues as the revitalization of takings doctrine and the debates over the role of tax subsidies for desired private conduct.

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  • It is noted that an appropriate legal judicial framework is essential to governance and progress in all countries. It is also an essential ingredient in any private sector development programme. Thus at the request of its borrowers, especially in Africa, the World Bank has actively promoted and supported programmes to improve such frameworks since the 1980s. The book describes the legal and judicial reform programmes in African countries.

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