Commercial Law Of The European Union

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Commercial Law Of The European Union

Author : Gabriël Moens
ISBN : 9789048187744
Genre : Law
File Size : 30.25 MB
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? The Hon. Michael Kirby AC CMG This splendid book performs the heroic task of introducing readers to the large canvas of the commercial law of the European Union (EU). The EU began as an economic community of six nations but has grown into 27 member states, sharing a signi?cant political, social and legal cohesion and serving almost 500 million citizens. It generates approximately 30% of the nominal gross world product. The EU is a remarkable achievement of trans-national co-operation, given the history (including recent history) of national, racial, ethnic and religious hatred and con?ict preceding its creation. Although, as the book recounts, the institutions of the EU grew directly out of those of the European Economic Community, created in 1957 [1.20], the genesis of the EU can be traced to the sufferings of the Second World War and to the disclosure of the barbarous atrocities of the Holocaust. Out of the chaos and ruins of historical enmities and the shattered cities and peoples that survived those terrible events, arose an astonishing pan- European Movement.
Category: Law

The Harmonization Of International Commercial Law

Author : Silvia Fazio
ISBN : 9789041125873
Genre : Law
File Size : 51.26 MB
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Preface. 1. The World Scenario and the Approximation of Law. 2. Vehicles for the Harmonisation of Law. 3. Regionalisation and Standardisation of Law. 4. Regional Corporate Law Harmonisation: The EU and the Mercosur. 5. The Infrastructure of Capital. 6. The Phenomenon of Development: International and Regional Approaches to Banking and Financial Law. 7. Theories of the Company. 8. Corporate Governance. 9. International Legal Standards and the Inclusion of Emerging Countries in the Globalised Order: The Case Study of Brazil. 10. Conclusion: Legal Pluralism and the Creation of Standards within the Process of Globalisation¿Analytical Summary and Theoretical and Practical Implications. Bibliography.
Category: Law

Commercial Law

Author : Eric Baskind
ISBN : 9780198729358
Genre :
File Size : 26.44 MB
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Commercial Law offers a fresh, modern, and stimulating exploration of this diverse and fascinating area of law. The text provides thorough coverage of all key aspects of the syllabus, including the law of agency, the sale of goods, international trade, and methods of payment, finance, and security. A range of learning features are employed throughout the book to encourage understanding of the law and to demonstrate and contextualize how the principles behind it play out in practical domestic and international commercial transactions. Online Resource Centre:Commercial Law is accompanied by a comprehensive Online Resource Centre which offers free access to the following resources: * A test bank of multiple-choice questions* Guidance on approaching the questions posed in the book* Bonus online chapters covering consumer credit, insurance law, and competition law* Further reading lists for each chapter* A flashcard glossary* Downloadable versions of the diagrams from the book
Category:

English And European Perspectives On Contract And Commercial Law

Author : Louise Gullifer
ISBN : 9781782255185
Genre : Law
File Size : 30.27 MB
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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law and will be of interest to all scholars and practitioners working in these areas.
Category: Law

Unification And Harmonization Of International Commercial Law

Author : Morten Fogt
ISBN : 9789041140753
Genre : Law
File Size : 30.51 MB
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In theory, the numerous existing formal instruments designed to unify or harmonize international commercial law should achieve the implied (and desired) end result: resolution of the legal uncertainty and lack of predictability in the legal position of traders. However, it is well known that they fall far short of such an outcome. This innovative book (based on a conference held at the University of Aarhus in October 2009) offers deeply considered, authoritative responses to important practical questions that have still not been answered comprehensively, and that need to be answered for the efficient conduct of international commerce and for the future development of international commercial law. These questions include: ; Can clearly preferred methods of unification and harmonization be identified? What are the benefits of achieving unification and harmonization by means of party autonomy and contract practice? Is it necessary first to harmonize some aspects of private international law? Which aspects of unification and harmonization should be formal, and which can remain informal? How should formal and informal measures interact? What conflicts are likely to arise, and what resolutions are available? Should tensions be seen as inevitable, positive, and necessary? Which of several international instruments are applicable, and what order of priority should apply? Sixteen different nationalities are represented, allowing for fruitful discussion across all major legal systems. Prominent scholars and experienced practitioners offer deeply informed insights into how to navigate the complex field of international commercial law with its multiplicity of instruments, and how to resolve or neutralize the possible defects of various different means of unification and harmonization of international commercial law. These insights and proposals are sure to be welcomed by interested academics, practitioners, judges, arbitrators, and businessmen throughout the world at global, regional, and local levels.
Category: Law

Private Law In The European Union

Author : Ulrich Drobnig
ISBN : STANFORD:36105061861253
Genre : Law
File Size : 62.8 MB
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In the twenty-second lecture in the series Forum Internationale, Professor Ulrich Drobnig, Director of the Max Planck Institute for Foreign and Private International Law, expounds on the future role of private law within the European Union. the author first provides a succinct, yet comprehensive and well documented, bird's-eye view of the current state of European private law, and then looks To The lessons that can be learned from forty years of legislative experience on the European level. the analytic survey covers European company law, general commercial law, intellectual property, personal property, consumer protection, labour law, tort law, civil procedure and private international law, noting that while the degree of regulation and harmonization varies, broad progress has been achieved in particular in the fields of company law and intellectual property. After examining the various schools of thought criticizing or supporting European legislation or codification, The lecture concludes with proposals for a long-term model based on a `slender concept' of European private law limited to border-crossing transactions and acts.
Category: Law

The European Company

Author : Jonathan Rickford
ISBN : 9789050953436
Genre : Law
File Size : 44.89 MB
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The European Company (SE) is a new form of public company, which enters the law of all EU states in October 2004. It is supra-national, with features in the fields of cross-frontier restructuring, board structure and corporate governance, employee involvement and participation which are novel and unique and will be uniformly available throughout Europe. Yet it also presents an optional and flexible character, allowing great variation both in national characteristics, according to where companies are founded, and new and potentially valuable options to businesses to adjust their organisations to the needs of modern transnational markets. This book will be of great interest to all those concerned with the theory and practice of international business law: students, theorists and experienced practitioners, offering valuable insights into the developing process of European integration and diversification. It contains papers on all these aspects by leading thinkers in the field, who came together under the aegis of the Leiden University/Unilever programme in 2002. Professor Paul Davies, Cassel Professor at the London School of Economics, writes on employee involvement, Professor Garrido Garcia, General Counsel to the Spanish Securities and Exchange Commission, on European Company Law and the Capital Markets, Professor Klaus Hopt, Director of the Max Planck Institute, on board structure and corporate governance, Professor Jaap Winter of the University of Rotterdam and Chairman of the European Commissions High Level Group on Company Law, on the significance of the European Company as a model for the future, and Professor Eddy Wymeersch of the University of Ghent, on the fast developing law on freedom of movement and international transfer of management. There are also important contributions from Pieter Sanders, Professor Emeritus of the University of Rotterdam, who introduced the SE concept some 45 years ago, and Commissioner Frits Bolkestein, who has responsibility for company law and corporate governance within the European Commission. The collection is edited by Professor Jonathan Rickford, Project Director of the British review of company law and director of the Company Law Centre at the British Institute for International and Comparative Law in London. He led the Leiden/Unilever programme and provides papers on the overall concept and its likely practical applications. This publication is part of the Meijers series published under the auspices of the E.M. Meijers Institute of Legal Studies, Faculty of Law, Leiden University, where in 2002 Professor Jonathan Rickford held the Unilever Chair of European Company Law.
Category: Law

The Constitutional Foundations Of European Contract Law

Author : Kathleen Gutman
ISBN : 9780191025488
Genre : Law
File Size : 37.6 MB
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Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
Category: Law

Class Arbitration In The European Union

Author : Philippe Billiet
ISBN : 9789046604908
Genre : Law
File Size : 83.10 MB
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This is a leading manual for practitioners and gives an update on the interface between class actions and arbitration in every EU Member State that provides access to a form of collective redress. It enhances the use of arbitration in relation to collective redress mechanisms.
Category: Law

Jurisdiction And Arbitration Agreements In International Commercial Law

Author : Zheng Sophia Tang
ISBN : 9781136013447
Genre : Law
File Size : 58.73 MB
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Arbitration and jurisdiction agreements are frequently used in transnational commercial contracts to reduce risk, gain efficacy and acquire certainty and predictability. Because of the similarities between these two types of procedural autonomy agreements, they are often treated in a similar way by courts and practitioners. This book offers a comprehensive study of the prerequisites, effectiveness, and enforcement of exclusive jurisdiction and arbitration agreements in international dispute resolution. It examines whether jurisdiction and arbitration clauses have identical effects in private international law and whether they have been or should be given the same treatment by most countries in the world. By comparing the treatment of these clauses in the US, China, UK and EU, Zheng Sophia Tang demonstrates how, in practice, exclusive jurisdiction and arbitration agreements are enforced. The book considers whether the Hague Convention on Choice of Court Agreements could be treated as a litigating counterpart to the New York Convention, and whether it could work successfully to facilitate judicial cooperation and party autonomy in international commerce. This book breaks new ground in combining updated materials in EU, US and UK law with unique resources on Chinese law and practice. It will be valuable for academics and practitioners working in the field of private international law and international arbitration.
Category: Law

The Cambridge Companion To European Union Private Law

Author : Christian Twigg-Flesner
ISBN : 9781107493971
Genre : Law
File Size : 37.21 MB
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The emergence of EU Private Law as an independent legal discipline is one of the most significant developments in European legal scholarship in recent times. In this 2010 Companion, leading scholars provide a critical introduction to the subject's key areas, while offering original and thought-provoking comment on the field. In addition to several chapters on consumer law topics, the collection has individual chapters on commercial contracts, competition law, non-discrimination law, financial services and travel law. It also discusses the wider issues concerning EU Private Law, such as its historical evolution, the role of comparative law, language and terminology, as well as the implications of the Common Frame of Reference project. A useful 'scene-setting' introduction and further reading arranged thematically make this important publication the student's and scholar's first port of call when exploring the field.
Category: Law

The Interaction Of Contract Law And Tort And Property Law In Europe

Author : Christian von Bar
ISBN : 9783935808200
Genre : Law
File Size : 59.48 MB
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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Category: Law

Governing The European Union

Author : Simon Bromley
ISBN : 0761954619
Genre : Political Science
File Size : 34.53 MB
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Governing the European Union is a completely new introductory text that is ideal for first-time students of the politics and government of the European Union (EU). Each topic is introduced thematically to provide an invaluable and accessible guide to the main issues and debates in the contemporary study of EU politics and governance.
Category: Political Science

European Union Law

Author : Marshall Cavendish Corporation
ISBN : 1845680200
Genre : Law
File Size : 81.74 MB
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Cavendish lawcards are complete pocket sized guides to the key examinable areas of law. Their concise text, user-friendly layout and compact format makes them the ideal revision aid for identifying, understanding and memorizing the vital aspects of each area of law. Important features of the new edtion include: New four colour text design for easier navigation throughout each book Colour coded highlighting of cases and legislation Diagrams and flowcharts Bullet points of crucial information
Category: Law

Fundamental Texts On European Private Law

Author : Oliver Radley-Gardner
ISBN : 9781847310132
Genre : Law
File Size : 26.10 MB
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Among the most significant legal developments of our time is the emergence of a European private law. The European Union enacts directives which profoundly affect the practice,teaching and study of core areas of 'classical' private law. Internationally commissions have formulated principles of European trusts, contract and commercial law. Furthermore, uniform private law can be found in a number of international conventions. This book gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. Fully updated, it contains the recent directives in the areas of E-Commerce, Electronic Signatures and Late Payments. It also makes available for the first time English language versions of a number of texts by international commissions. This book is a sister volume to the original German and the subsequent Spanish version. With full references to the implementation of the directives in Denmark, EIRE, Finland, Sweden and the United Kingdom, this book will be a useful resource for practitioners, students and teachers working in the field of European private law.
Category: Law

Wyatt And Dashwood S European Union Law

Author : Alan Dashwood
ISBN : 9781847317667
Genre : Law
File Size : 39.46 MB
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First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.
Category: Law

Commercial Law

Author : Nicholas Ryder
ISBN : 9780521758024
Genre : Law
File Size : 89.95 MB
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Innovative textbook that examines core principles of commercial law and the social and political context in which they develop.
Category: Law

Eu Mediation Law And Practice

Author : Giuseppe De Palo
ISBN : 9780191636851
Genre : Law
File Size : 67.60 MB
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A practical reference on the EU rules and international initiatives that impact directly on EU cross-border disputes, this handbook is a must-have for any practitioner of cross-border mediation. The EU Mediation Directive 2008/52/EC laid down obligations on EU Member States to encourage quality of mediators and providers across specific compliance considerations, including codes of conduct and training, court referral, enforceability of mediated settlements, confidentiality of mediation, the effect of mediation on limitation periods, and encouraging public information. The book is organized into clear and consistent themes, structured and numbered in a common format to provide easily accessible provisions and commentary across the essential considerations of the Directive. All EU countries which have complied, along with Denmark (which opted out of implementing the Directive), or attempted to comply, with the Directive are included, allowing straightforward comparison of key issues across the different countries in this important and evolving area. Supplementary points of practical use, such as statistics on the success rates of mediation and advice on the requirements for parties to participate in mediation, and for parties and lawyers to consider mediation, add further value to the jurisdiction-specific commentary. A comparative table of the mediation laws forms an invaluable quick-reference appendix for an overview and comparison of the information of each jurisdiction, together with English translations of each country's mediation law or legislative provisions. Address this dynamic area of law with the benefit of guidance across all elements of the Directive impacting practice, provided by respected and experienced editors from the knowledgeable European authority in mediation, ADR Center, along with a host of expert contributors.
Category: Law

New Features In Contract Law

Author : Reiner Schulze
ISBN : 9783866537262
Genre : Law
File Size : 46.96 MB
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Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.
Category: Law