Suchergebnisse

This collection of essays by Dutch, English and Swiss scholars deals with the impact of transnational law, in particular the law of the European Union and the Council of Europe, on the content and meaning given to domestic law by national legislators and judges. Topics covered include the constitutional and practical implications of implementing transnational law at the national level, as well as the interpretation of domestic law against the background of the European Convention on Human Rights, the law of the European Union and so called "soft law" instruments, in areas such as civil procedure, jurisdiction, contract, company law and competition law.

EU private law and the CISG : an introduction / Zvonimir Slakoper and Ivan Tot -- Implementing directive 2019/770/EU on contracts for the supply of digital content and services : a common law perspective / Paula Giliker -- Aggressive practices and consumer credit in the EU / Eleni Kaprou -- Challenges of cross-border enforcement of consumer law : unfair contract terms / Karmen Lutman -- Unfair contract terms relating to late payment in commercial transactions : late payment directive and its transposition into Croatian / LawIvan Tot -- Full freedom of contract in commercial agency law : a road less travelled / Stephan Walter -- Comparative perspectives on disgorgement of profits in tort and contract / Albert Ruda-González -- Auctions and Auctionlike selling mechanisms in international sale of goods : a call for revisiting Article 2(b) CISG? / Kristijan Poljanec -- Relieving the contract of problems that reservations create under Articles 12 and 96 CISG : can Article 13 CISG operate as a self-help mechanism? / Dila Okyar -- International versus domestic : the question of the applicability of intellectual property law to the CISG / Şerife Esra Kiraz.

The article analyzes the reception of law, its understanding, its role in the development and modernization of the national legal system. Various scientific views on the reception of law and on its role in the modernization of the legal system are presented and analyzed. It is stated that to date there is no single holistic doctrine of the reception of law, which often leads to a different concept of this legal phenomenon. This circumstance confronts the theory of law with the need to develop a doctrine of the reception of law, including concepts, areas, limits, and conditions for the reception of law. The article puts forward substantiated proposals and recommendations aimed at improving the reception of law in the legal system of Uzbekistan in the future.

This article examines the situations in which the laws of the Member States are relevant before the European courts. The presence of national law in the EU judicial process raises a series of questions linked to its legal status. In order to assess whether the current answers to such questions are appropriate, the article underlines that national law fulfils a variety of functions in the EU judicial process, ranging from the role of a question of law, when it constitutes the rule applied by the EU Courts, to the role of a question of fact when its compatibility with EU law is at stake. It is then observed that while it is appropriate that national law be accorded the legal status of a question of fact in circumstances in which it serves such a function, its legal status should be closer to the one of a question of law whenever it constitutes the rule that the EU Courts apply.

THIS IS A STUDY OF THE INTERRELATIONSHIP BETWEEN INTERNATIONAL LAW AND NATIONAL LAW, ESPECIALLY AS IT AFFECTS THE SOVIET UNION. THERE THE APPROACH IS FROM THE VANTAGE POINT OF NATIONAL LAW, BECAUSE FOR THE PAST THIRTY YEARS THE SOVIET LEGAL SYSTEM HAS EXPERIENCED AN INCREASED INFLUENCE OF THE RULES OF INTERNATIONAL LAW. THE AUTHOR SEES THIS AS A MORE POSITIVE APPROACH THAN THE WESTERN SYSTEM OF THEORETICAL SPECULATIONS ABOUT THE NATURE OF INTERNATIONAL LAW.