Автор: Tang Zheng Sophia Название: Electronic Consumer Contracts in the Conflict of Laws ISBN: 1509920102 ISBN-13(EAN): 9781509920105 Издательство: Bloomsbury Academic Рейтинг: Цена: 6651.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Now available in paperback The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce, and consumer contracts. In addition, the book identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts. (Series: Studies in Private International Law, Vol. 1) Subject: Private International Law, Consumer Law, Information Technology Law, Comparative Law]
Автор: Jayne Holliday Название: Clawback Law in the Context of Succession ISBN: 1509932321 ISBN-13(EAN): 9781509932320 Издательство: Bloomsbury Academic Рейтинг: Цена: 15048.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a global solution for determining the law applicable to a claim to clawback an inter vivos gift from a third party within the context of a succession. The book aims to identify an appropriate and applicable legal framework which supports legal certainty for cross-border estate planning and protects the legitimate expectations of the relevant parties. This is an area of private international law that has yet to be handled satisfactorily – as can be seen by the inadequate treatment of clawback from third parties in the 1989 Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons, and the 2012 EU Succession Regulation.
Описание: Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Автор: Ahmed Mukarrum Название: Nature and Enforcement of Choice of Court Agreements ISBN: 1509936416 ISBN-13(EAN): 9781509936410 Издательство: Bloomsbury Academic Рейтинг: Цена: 7126.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: PRAISE FOR THE BOOK:"This constitutes a work of impressive scholarship that will become a major reference point for future discourse on choice of court agreements. Dr Ahmed advances a firm thesis in a lucid manner that will satisfy both academics and practitioners. The discussion is supported by a monumental foundation of underpinning research. Ahmed’s monograph throughout shows clear understanding of underlying substantive laws and in Chapter 11 displays a refreshing willingness to engage in intelligent speculation on the implications of Brexit."Professor David Milman, University of Lancaster"The book is an excellent attempt to understand the theoretical underpinnings of choice of court agreements in private international law ... Anyone with an interest in the theory and practice of choice of court agreements, in particular in mechanisms for their enforcement, should read this book. They will find much of value by doing so."Professor Paul Beaumont, University of Aberdeen (from the Series Editor’s Preface)This book examines the fundamental juridical nature, classification and enforcement of choice of court agreements in international commercial litigation. It is the first full-length attempt to integrate the comparative and doctrinal analysis of choice of court agreements under the Brussels I Recast Regulation, the Hague Convention on Choice of Court Agreements (‘Hague Convention’) and the English common law jurisdictional regime into a theoretical framework. In this regard, the book analyses the impact of a multilateral and regulatory conception of private international law on the private law enforcement of choice of court agreements before the English courts. In the process, it both pre-empts and offers innovative solutions to issues that may arise under the jurisprudence of the emergent Brussels I Recast Regulation and the Hague Convention. The need to understand the nature and enforcement of choice of court agreements before the English courts from the perspective of the EU private international law regime and the Hague Convention cannot be understated. This important new study aims to fill an existing gap in the literature in relation to an account of choice of court agreements which explores and reconnects arguments drawn from international legal theory with legal practice. However, the scope of the work remains most relevant for cross-border commercial lawyers interested in crafting pragmatic solutions to the conflicts of jurisdictions.
Автор: Paul Beaumont, Burkhard Hess, Lara Walker, Stefani Название: The Recovery of Maintenance in the EU and Worldwide ISBN: 1509909281 ISBN-13(EAN): 9781509909285 Издательство: Bloomsbury Academic Рейтинг: Цена: 8710.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book grew out of a major EU funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. It is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe.
Автор: Hara Название: Economics of Conflict Laws ISBN: 1847200761 ISBN-13(EAN): 9781847200761 Издательство: Edward Elgar Publishers Рейтинг: Цена: 103699.00 р. Наличие на складе: Поставка под заказ.
Описание: Offers theoretical and empirical insights into approaches to choice of law and the effects of conflicting choice-of-law approaches on judicial decision-making. This book investigates several competing proposals for more efficient choice-of-law systems, including a special section on torts.
Описание: The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
Автор: Micklitz, Hans-w (european University Institute, Florence) Название: Politics of justice in european private law ISBN: 1108439373 ISBN-13(EAN): 9781108439374 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Highlights the differences between Member States` concepts of social justice, which have developed historically, and the distinct European concept of access justice, and argues that a more positive and promising European concept of justice is developing.
Автор: Pierre-Henri Conac, Martin Gelter Название: Global Securities Litigation and Enforcement ISBN: 1107108608 ISBN-13(EAN): 9781107108608 Издательство: Cambridge Academ Рейтинг: Цена: 37541.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a clear and exhaustive description of the national regime for the enforcement of securities legislation in case of misrepresentation on financial markets. It will be an invaluable resource for academics and students of securities litigation, as well as for lawyers, policy-makers and regulators.
This book is built upon the outcomes of the EUFam's Project, financially supported by the EU Civil Justice Programme and led by the University of Milan. Also involved are the Universities of Heidelberg, Osijek, Valencia and Verona, the MPI in Luxembourg, the Italian and Spanish Family Lawyers Associations and training academies for judges in Italy and Croatia. The book seeks to offer an exhaustive overview of the regulatory framework of private international law in family and succession matters. The book addresses current features of the Brussels IIa, Rome III, Maintenance and Succession Regulations, the 2007 Hague Protocol, the 2007 Hague Recovery Convention and new Regulations on Property Regimes. The contributions are authored by more than 30 experts in cross-border family and succession matters. They introduce social and cultural issues of cross-border families, set up the scope of all EU family and succession regulations, examine rules on jurisdiction, applicable law and recognition and enforcement regimes and focus on the current problems of EU family and succession law (lis pendens in third States, forum necessitatis, Brexit and interactions with other legal instruments). The book also contains national reports from 6 Member States and annexes of interest for both legal scholars and practitioners (policy guidelines, model clauses and protocols).
Автор: Elise Bant, Jeannie Paterson Название: Misleading Silence ISBN: 1509929258 ISBN-13(EAN): 9781509929252 Издательство: Bloomsbury Academic Рейтинг: Цена: 20592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection brings together a team of outstanding scholars from across the common law world to explore the treatment of misleading silence in private law doctrine and theory. Whereas previous studies have been contractual in focus, here the topic is explored from across the full spectrum of private law. Its approach encompasses equitable and common law principles, as well as taking an integrated approach to key statutory regimes. The highly original contributions draw on rich theoretical, historical, comparative, cross-disciplinary and doctrinal perspectives. This is truly a landmark publication in private law, with no counterpart in the common law world.Contributors: Professor Elise Bant, Professor Jeannie Paterson, Professor Rick Bigwood; Professor Michael Bryan; Professor John Cartwright; Professor Mindy Chen-Wishart; Professor Simone Degeling; Professor Pamela Hanrahan; Professor Luke Harding; Professor Matthew Harding; Professor Catharine MacMillan; Professor Hector MacQueen; Professor Donna Nagy; Justice Andrew Phang; Professor Pauline Ridge; Professor Andrew Robertson; Ms Anna Williams.
Автор: Chukwuma Okoli Название: Place of Performance: A Comparative Analysis ISBN: 1509936203 ISBN-13(EAN): 9781509936205 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides an unprecedented analysis on the place of performance. The central theme is that the place of performance is of considerable significance as a connecting factor in international commercial contracts. This book challenges and questions the approach of the European legislator for not explicitly giving special significance to the place of performance in determining the applicable law in the absence of choice for commercial contracts. It also contains, inter alia, an analogy to matters of foreign country mandatory rules, and the coherence between jurisdiction and choice of law. It concludes by proposing a revised Article 4 of Rome I Regulation, which could be used as an international solution by legislators, judges, arbitrators and other stakeholders who wish to reform their choice of law rules.
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