The Turning Point in Private Law

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Release : 2018-10-26
Genre : Law
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Book Rating : 187/5 ( reviews)

The Turning Point in Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Turning Point in Private Law write by Ugo Mattei. This book was released on 2018-10-26. The Turning Point in Private Law available in PDF, EPUB and Kindle. Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Quo vadis Commercial Contract?

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Release : 2023-03-15
Genre : Law
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Book Rating : 059/5 ( reviews)

Quo vadis Commercial Contract? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Quo vadis Commercial Contract? write by Mads Andenas. This book was released on 2023-03-15. Quo vadis Commercial Contract? available in PDF, EPUB and Kindle. This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.

The Transformation of European Private Law

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Release : 2013-10-24
Genre : Law
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Book Rating : 804/5 ( reviews)

The Transformation of European Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Transformation of European Private Law write by James Devenney. This book was released on 2013-10-24. The Transformation of European Private Law available in PDF, EPUB and Kindle. A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.

Free Movement of Legal Ideas

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Release : 2024-07-11
Genre : Law
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Book Rating : 260/5 ( reviews)

Free Movement of Legal Ideas - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Free Movement of Legal Ideas write by Thomas Wilhelmsson. This book was released on 2024-07-11. Free Movement of Legal Ideas available in PDF, EPUB and Kindle. This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.

The Politics of Justice in European Private Law

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Release : 2018-11-15
Genre : Law
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Book Rating : 829/5 ( reviews)

The Politics of Justice in European Private Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Politics of Justice in European Private Law write by Hans-W Micklitz. This book was released on 2018-11-15. The Politics of Justice in European Private Law available in PDF, EPUB and Kindle. The Politics of Justice in European Private Law intends to highlight the differences between the Member States' concepts of social justice, which have developed historically, and the distinct European concept of access justice. Contrary to the emerging critique of Europe's justice deficit in the aftermath of the Euro crisis, this book argues that beneath the larger picture of the Monetary Union, a more positive and more promising European concept of justice is developing. European access justice is thinner than national social justice, but access justice represents a distinct conception of justice nevertheless. Member States or nation states remain free to complement European access justice and bring to bear their own pattern of social justice.