italian private law ut austin studies in foreign and transnational law

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Italian Private Law

Author : Guido Alpa
ISBN : 9781135393212
Genre : Law
File Size : 54. 14 MB
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Italian Private Law provides an excellent overview and analysis of Italian private law and its transition from the early twentieth century legal tradition to a system based on constitutional values, geared towards European integration. Exploring the eclectic yet systematically solid foundations of Italian private law, which has adapted itself to the ever growing pressure of EU legislation, Alpa and Zenovich look at the legislative system as well as the profound influence of case-law and legal scholarship. It examines: family law succession legal persons businesses and companies property law contract law tort law. This volume is a key resource for legal scholars, practitioners and students who want to gain a deeper knowledge of Italian private law in their research, professional or academic activity.

Introduction To Spanish Private Law

Author : Teresa Rodriguez de las Heras Ballell
ISBN : 9781135214647
Genre : Law
File Size : 35. 88 MB
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The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.

Human Rights And The Protection Of Privacy In Tort Law

Author : Hans-Joachim Cremer
ISBN : 9781136913969
Genre : Law
File Size : 46. 10 MB
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In its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships. The German law of privacy, centring on the "allgemeines Persönlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.

Pure Economic Loss

Author : Vernon V. Palmer
ISBN : 9780415775649
Genre : Business & Economics
File Size : 32. 11 MB
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Pure economic loss is one of the most-discussed problems in the fields of tort and contract. How do we understand the various differences and similarities between these systems and what is the extent to which there is a common-core of agreement on this question? This book takes a comparative approach to the subject, exploring the principles, policies and rules governing tortious liability for pure economic loss in a number of countries and legal systems across the world. The countries covered are USA, Canada, Japan, Israel, South Africa, Japan, Romania, Croatia, Denmark and Poland, with the contributors taking a comparative fact-based approach through the use of hypothetical problems to analyze and then summarize the individual country’s tort approach. Using a fact-based questionnaire, a tested taxonomy, and a sophisticated comparative law methodology, the authors convincingly demonstrate that there are liberal, pragmatic and conservative regimes throughout the world. The recoverability of pure economic loss poses a generic question for these legal systems - it is not just a civil law versus common law issue. It will be of interest to students and academics studying tort law and comparative law in the different countries covered.

Judicial Recourse To Foreign Law

Author : Basil Markesinis
ISBN : 9781135848033
Genre : Law
File Size : 54. 41 MB
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Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.

Human Rights And The Private Sphere Vol 1

Author : Jörg Fedtke
ISBN : 9781134099795
Genre : Law
File Size : 44. 90 MB
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Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.

Legal Origins And The Efficiency Dilemma

Author : Nuno Garoupa
ISBN : 9781315311203
Genre : Business & Economics
File Size : 66. 22 MB
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Economists advise that the law should seek efficiency. More recently, it has been suggested that common law systems are more conducive of economic growth than code-based civil law systems. This book argues that there is no theory to support such statements and provides evidence that rejects a 'one-size-fits-all' approach. Both common law and civil law systems are reviewed to debunk the relationship between the efficiency of the common law hypothesis and the alleged inferiority of codified law systems. Legal Origins and the Efficiency Dilemma has six aims: explaining the efficiency hypothesis of the common law since Posner’s 1973 book; summarizing the legal origins theory in the context of economic growth; debunking their relationship; discussing the meaning of 'common law' and the problems with the efficiency hypothesis by comparing laws across English speaking jurisdictions; illustrating the shortcomings of the legal origins theory with a comparative law and economics analysis; and concluding there is no theory and evidence to support the economic superiority of common law systems. Based on previous pieces by the authors, this book expands their work by including new areas of analysis (such as trusts), detailing previous analysis (such as French law versus common law in the areas of contract, property and torts), and updating for recent developments in the academic discourse. This volume is of interest to academics and students who study microeconomics, comparative law and foundations of law, as well as legal policy analysts.

Civil Disobedience And The German Courts

Author : Peter E. Quint
ISBN : 9781134107421
Genre : History
File Size : 79. 53 MB
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In the 1980s the West German Peace Movement -- fearing that the stationing of NATO nuclear missiles in Germany threatened an imminent nuclear war in Europe -- engaged in massive protests, including sustained civil disobedience in the form of sit-down demonstrations. Civil Disobedience and the German Courts traces the historical and philosophical background of this movement and follows a group of demonstrators through their trials in the German criminal courts up to the German Constitutional Court -- in which their fate was determined in two important constitutional cases. In this context, the volume also analyzes the German Constitutional Court, as a crucial institution of government, in comparative perspective. The book is the first full-length English language treatment of these events and constitutional decisions, and it also places the decisions at an important turning-point in German constitutional history.

Freedom Of Expression

Author : Vincenzo Zeno-Zencovich
ISBN : 9781134035953
Genre : Law
File Size : 52. 47 MB
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This book takes a multidisciplinary approach to the issues surrounding freedom of expression, looking at the current legal position in a number of European countries as well as engaging with the wider debates on the topic amongst sociologists, political scientists and economists. In the book Vincenzo Zeno-Zencovich addresses recent developments which have had a bearing on the debate including the changes in communication brought about by the internet, and the growing role of the European Union and the Council of Europe.

International Negotiation In The Twenty First Century

Author : Alain Plantey
ISBN : 9781135393359
Genre : Law
File Size : 62. 93 MB
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Never have international relations between nations been so complex as in the current political climate. In this contemporary world international negotiation has become a combination of traditional diplomacy and the modern framework of conferences, multi-party institutions and organizations such as the European Union. While this diplomacy has, in the past, existed to prevent national and international conflict, its scope has expanded to deal with other problems facing us on a global scale. As negotiation is the primary tool to resolve international conflict, an understanding of the methods and principles of international negotiation remains essential. Only this form of diplomacy can hope to answer the global challenges we will face in the twenty-first century. International Negotiation in the Twenty-First Century is an accessible examination of negotiation and diplomacy on an international scale and is the first publication to analyze this fundamental concept in a single volume.

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