Suchergebnisse

"All rise. The Superior Court of the Territory of Orleans is now in session" -- The hunt for the lost translators of 1808 -- Henry Paul Nugent : the story of a Mercurial Man -- Auguste Davezac de Castera : the life of an eloquent docteur -- Reexamining and exhuming a pioneer translation.

"This book with its unique focus - the recovery of non-pecuniary loss in European contract law - has proved to be a fascinating and enlightening field of research. Speaking personally, I hope that it helps us understand how and why European law reached its present state, and to appreciate the remarkable rise of non-pecuniary damage in European contract law today. The recovery of immaterial damage in the field of delict is of course an everyday occurrence. Non-pecuniary awards flourish in tort and may be considered the rule rather than the exception. The picture is however otherwise in the field of contract. In some European systems the recovery of "moral" or non-pecuniary damage ex contractu is not permitted; in others it is allowed only exceptionally or only when specifically authorized by legislation. In certain national systems contractual awards are apparently freely permitted, though the award levels are not generous. Through historical research we attempted to bring to light the background of this situation inthe modern law, and through the Common Core's case study methodology we sought to present the modern law in greater detail. We attempted to pinpoint, distinguish and compare the national differences and similarities, and ultimately to classify national approaches into some kind of intelligible order"--

Abstract: This article discusses how the contract in favour of a third person made its way onto the European scene. It suggests why the practical advantages and efficiencies of the contract finally outweighed the traditional law's attachment to the principles of privity and relativity of contract. The discussion then describes the various analogies, false leads, and inventive approaches that jurists pursued in their search for a coherent account of the institution. The article also attempts to compare, contrast, and evaluate current European approaches at codification and harmonization, including the recent contributions made by the Lando Principles of European Contract Law and the Gandolfi European Code of Contract. For comparative purposes the evaluation centres around four essential issues in the beneficiary puzzle and assesses to what extent a set of common principles or rules has developed in Europe. It is discovered that the principal areas in which the legal systems do not entirely agree are the methods to determine the favoured beneficiary, the point when the beneficiary's rights arise, the power of revocation, and the perfection of revocations. The conclusion is that while this institution is recognized as valid in all European legal systems, Europe has not as yet developed a completely coherent account of the subsidiary rules. A foundation for an eventual harmonization certainly exists, but further study and reflection will be needed to deal with these questions.

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world's legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions. With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries, and the increasing focus on traditional and customary norms of governance in post-colonial contexts. This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts