The Draft Common Frame of Reference (DCFR) is the result of more than 25 years of academic research on European private law. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in order to determine which parts of the DCFR will be included in a 'political' CFR. Against this background, this book presents and critically analyzes the DCFR and situates it in relation to current Belgian law. (Series: Ius Commune Europaeum - Vol. 99)
An Act to make provision for modifying the office of Lord Chancellor, and to make provision relating to the functions of that office; to establish a Supreme Court of the United Kingdom, and to abolish the appellate jurisdiction of the House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President of the Council; to make other provision about the judiciary, their appointment and discipline. Explanatory notes have been produced to assist in the understanding of this Act and are available separately (ISBN 0105604054). Royal assent, 24th March 2005. With Correction Slip dated August 2007. Partially repealed by SI 2015/700 (ISBN 9780111133491)
Much of our law is based on authoritative texts, such as constitutions and statutes. The common law, in contrast, is that part of the law that is established by the courts. Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been far from clear what principles courts use--or should use--in establishing common law rules. In this lucid yet subtly argued book, Melvin Eisenberg develops the principles that govern this process. The rules established in every common law case, he shows, are a product of the interplay between the rules announced in past precedents, on the one hand, and moral norms, policies, and experience, on the other. However, a court establishing a common law rule is not free, as a legislator would be, to employ those norms and policies it thinks best. Rather, it can properly employ only those that have a requisite degree of social support. More specifically, the common law should seek to satisfy three standards. First, it should correspond to the body of rules that would be arrived at by giving appropriate weight to all moral norms, policies, and experiential propositions that have the requisite support, and by making the best choices where norms, policies, and experience conflict. Second, all the rules that make up the body of the law should be consistent with one another. Third, the rules adopted in past precedents should be applied consistently over time. Often, these three standards point in the same direction. The central problems of legal reasoning arise when they do not. These problems are resolved by the principles of common law adjudication. With the general principles of common law adjudication as a background, the author then examines and explains the specific modes of common law reasoning, such as reasoning from precedent, reasoning by analogy, drawing distinctions, and overruling. Throughout the book, the analysis is fully illustrated by leading cases. This innovative and carefully worked out account of the common law will be of great interest to lawyers, law students, students in undergraduate legal studies programs, scholars interested in legal theory, and all those who want to understand the basic legal institutions of our society.
Criminal Code Act
Publisher: "Издательство ""Проспект"""
CRIMINAL CODE ACT Act No. 12 of 1995 as amended This compilation was prepared on 29 July 2011 taking into account amendments up to Act No. 80 of 2011 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra
European Contract Law
Author: Hein Kötz
Publisher: Oxford University Press
This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first editionwas limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in the light of the recentchanges to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has beentranslated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir.This edition will be invaluable to scholars and practitioners in Europe and beyond.
Author: Norbert Rouland
Publisher: A&C Black
This account of the anthropology of law is remarkable in its command of the Anglo-American and Continental literatures in this field; and it is timely in addressing contemporary issues. Two central projects are carried through in succesive parts of the book. In the first, the author outlines the history of the "anthropology of law," drawing on the intellectual context of legal development. In the second, Professor Rouland examines the legal ideas, institutions and processes of small-scale non-Western societies, moving finally towards an anthropology of modern law. The author has published widely within the field of legal anthropology.
Legal Guide on Contract Farming
Author: Food and Agriculture Organization of the United Nations
Publisher: Food & Agriculture Org.
Contract farming, broadly understood as agricultural production and marketing carried out under a previous agreement between producers and their buyers, supports the production of a wide range of agricultural commodities and its use is growing in many countries. Mindful of the importance of enhancing knowledge and awareness of the legal regime applicable to contract farming operations, the International Institute for the Unification of Private Law (UNIDROIT), the Food and Agriculture Organizatio n of the United Nations (FAO) and the International Fund for Agricultural Development (IFAD) have prepared this UNIDROIT/FAO/IFAD Legal Guide on Contract Farming. The Guide is a useful tool and reference point for a broad range of users involved in contract farming practice, policy design, legal research and capacity building. It can contribute as well to create a favourable, equitable and sustainable environment for contract farming.
The European Competition Law Annual 2002 is the seventh in a series of volumes following the annual workshops on EU Competition Law and Policy held at the Robert Schuman Centre of the European University in Florence. The volume reproduces the materials of the roundtable debate that took place at the seventh Workshop.
The book applies the principle of proportionality to a number of conventional wisdoms in the social sciences, such as in dubio pro reo and the assumption that a crime is always a crime; that you must go to war if instructed to do so. Individuals and states are not obliged to come to the aid of stricken individuals and states. The book is organised in seven chapters, each dealing with a self-standing theme related to proportionality.
Prohibition of Abuse of Law
Author: Rita de la Feria, Stefan Vogenauer
Publisher: Bloomsbury Publishing
The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.
In this book, the author examines the role of appellate courts in developing legal doctrine. He builds upon his analysis on the changes in the rules of tort accident law during the past thirty years to explore generally the structure of judicial argument.
Transnational rules in international commercial arbitration
Author: International Chamber of Commerce, International Law Association, Institute of International Business Law and Practice, International Law Association. Committee on International Commercial Arbitration