British and Canadian Public Law in Comparative Perspective, Ian Loveland
Автор: Jean-Sebastien Borghetti, Simon Whittaker Название: French Civil Liability in Comparative Perspective ISBN: 1509927271 ISBN-13(EAN): 9781509927272 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and of strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this area of French law in the light of these proposals in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of policy of French lawyers as well as the possible directions in which this area of the law may be developed in the future.
Описание: This book analyses how policies to prevent diseases are related to policies aiming to cure illnesses by conducting a comparative historical analysis of Australia, Germany, Switzerland, the UK, and the US. It also demonstrates how the politicization of the medical profession contributes to the success of preventive health policy.
Автор: Mortimer Sellers; Tadeusz Tomaszewski Название: The Rule of Law in Comparative Perspective ISBN: 9400732058 ISBN-13(EAN): 9789400732056 Издательство: Springer Рейтинг: Цена: 23757.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.
Автор: Alexandra Braun, Anne R?thel Название: Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN: 184946698X ISBN-13(EAN): 9781849466981 Издательство: Bloomsbury Academic Рейтинг: Цена: 15840.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortiscausa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes in a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws. (Series: Studies of the Oxford Institute of European and Comparative Law, Vol. 22) Subject: Inheritance Law, Common Law, Civil Law, Comparative Law]
This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country's amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering.
This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.
Описание: The collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as ‘normal’ market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law. Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? Minimum Contract Justice defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
Автор: Attila Fenyves, Christa Kissling, Stefan Perner, D Название: Compulsory Liability Insurance from a European Perspective ISBN: 3110484692 ISBN-13(EAN): 9783110484694 Издательство: Walter de Gruyter Рейтинг: Цена: 27884.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Statutory obligations to take out liability insurance are, in practice, the most important means to ensure compensability of damage arising from dangerous activities. However, in contrast to the significant practical impact, academic research on the topic has not been extensive so far. This study, therefore, undertakes a comprehensive survey of compulsory liability insurance from nine national perspectives (Austria, Belgium, the Czech Republic, Finland, Germany, Hungary, Italy, Switzerland, and the United Kingdom) and takes constitutional and European law (four freedoms, European Convention on Human Rights) as well as the Principles of European Insurance Contract Law (PEICL) into account. It also contains an extensive economic analysis of compulsory liability insurance and discusses aspects of insurability. A Comparative Report, Conclusions and an Annex containing a compilation of rules on compulsory liability insurance in the nine national legal systems complete the study. It considers in particular:
the aims of provisions stating an obligation to take out liability insurance
the mandatory content of insurance cover
the protection mechanisms linked to compulsory liability insurance
the control mechanisms and the sanctions imposed
structural deficiencies of existing compulsory liability insurance systems
Автор: Yang, Yonghong Название: Sovereignty in china`s perspective ISBN: 3631719280 ISBN-13(EAN): 9783631719282 Издательство: Peter Lang Рейтинг: Цена: 12214.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
This book explores China’s perspective on sovereignty. The concept of sovereignty is universal, however, the understanding of it varies in different states and due to cultural backgrounds, history or the composition of ethnic groups. In order to comprehend China’s current perspective on sovereignty, the author connects Chinese historical ideas with the current international society. She locates misunderstandings of China’s past and present which could cause misjudgment of China’s perspective on sovereignty. Hence, the author analyzes China’s imperial history concerning sovereignty and foreign policies. She surveys the cultural, political, administrative and legal roots of the ancient empires because of their great influence on its current political arrangements. In addition, the study examines the divergence between the European and Chinese understanding on human rights.
Автор: S. Kenney; W. Reisinger; J. Reitz Название: Constitutional Dialogues in Comparative Perspective ISBN: 0333736907 ISBN-13(EAN): 9780333736906 Издательство: Springer Рейтинг: Цена: 20962.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems.
Автор: Lusina Ho, Rebecca Lee Название: Special Needs Financial Planning: A Comparative Perspective ISBN: 1108481205 ISBN-13(EAN): 9781108481205 Издательство: Cambridge Academ Рейтинг: Цена: 13147.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Critically examines the latest developments of special needs financial planning mechanisms in Asia and the West from the perspectives of scholars and professional experts. It will appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law.
Описание: Includes papers presented at a colloquium held at the Faculty of Law, National University of Singapore on 30 November and 1 December 2016 (the 250th anniversary of Carter v Boehm). -- ECIP Preface.
Описание: This volume explores how societies are addressing challenging questions about the relationship between expression, traditional and societal values, and the transformations introduced by new information communications technologies, and seeks to identify alternative approaches to the role of speech and expression in the organization of societies.
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