Letter of Intent in International Contracting

Author: Ekaterina Pannebakker

Publisher: Intersentia

ISBN: 9781780684499


Page: 428

View: 3671

Letter of Intent in International Contracting provides readers with a unique point of reference on the legal effects of a letter of intent-the document frequently used in international transactions. Firstly, the book takes a fresh look at trade usages in negotiations of international contracts. It integrates the view of negotiations as strategies and tactics (well-known in business, but largely disregarded by the law) with the legal analysis. Secondly, it discusses in turn those provisions frequently used in a letter of intent and comments on them based on thorough comparative research of four jurisdictions: the Netherlands, France, England and Wales, and the United States. The discussion of French law is based on the recent reform of the French law of obligations which significantly modified the French Civil Code in 2016. At the international level, the study addresses the 1980 Vienna Convention on the International Sale of Goods and international soft law: UNIDROIT Principles of International Commercial Contracts 2010, Principles of European Contract Law, and the Draft Common Frame of Reference. This book is a result of doctoral research conducted at the Erasmus University Rotterdam. It will be relevant to legal practitioners working in the field of international contracts, as well as to scholars and policy makers concerned with harmonization of law based on non-binding principles and business practices. Dissertation. (Series: Ius Commune Europaeum, Vol. 156) [Subject: International Law, Contract Law]

The Making of European Private Law

Toward a Ius Commune Europaeum as a Mixed Legal System

Author: J. M. Smits

Publisher: Intersentia nv

ISBN: 9050951910

Category: Law

Page: 306

View: 2920

Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).

Information and Notification Duties

Author: Ilse Samoy,Marco Loos

Publisher: Intersentia

ISBN: 9781780683539

Category: Law

Page: 202

View: 8559

Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification. This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research School's Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam).

The Effect of a Change of Circumstances on the Binding Force of Contracts

Comparative Perspectives

Author: Rodrigo Andres Momberg Uribe

Publisher: Intersentia Uitgevers N V

ISBN: 9781780680057

Category: Law

Page: 327

View: 3032

This book studies the situation where unexpected circumstances render the performance of a contract much more difficult or onerous, as well as those circumstances which frustrate the purpose of the transaction. The complexity of modern contractual relationships and, in general, of the social and economic environment, requires similar weight to be given to values other than the classical values of freedom, security, and certainty. Cooperation, solidarity, and flexibility have gained importance. In this context, the recognition of a change of circumstances as a remedy for the affected party may be considered as another aspect of the renewed importance of justice and fairness as a counterbalance to the general principle of freedom of contract. In particular, the affected party is entitled to rely on a proper set of remedies directed at the restoration of the agreement until the limit of an adequate sacrifice for the debtor, which includes the duty to renegotiate and, in the case of the renegotiations failing, the revision of the contract by the courts. Thus, the contract may be considered to be a union of balanced interests, an instrument of loyal cooperation, and a result of the mutual confidence between the parties. The study includes a comparative analysis of European and Latin American jurisdictions, as well as US contract law. In addition to national jurisdictions, the book also examines how modern model codes or restatements of international contract law deal with this problem. Because of its broad comparative analysis, this is a useful tool to national and regional legislators, as well as to judges and parties involved in cases in which a supervening and unforeseen change of circumstances has severely altered the performance of the contract. (Series: Ius Commune Europaeum - Vol. 94)

The Costanzo Obligation

The Obligations of National Administrative Authorities in the Case of Incompatibility Between National Law and European Law

Author: Maartje Verhoeven

Publisher: Intersentia Uitgevers N V

ISBN: 9789400001947

Category: Law

Page: 369

View: 6325

National administrative authorities are obliged to leave provisions of national law unapplied when these are incompatible with European Union law. Irrespective of their position and powers under national law, national administrative authorities are supposed to comply with this so-called 'Costanzo obligation' as established by the Court of Justice. This raises questions of both EU law and national constitutional law, particularly with regard to the principle of legality. This book explores three issues: a) Which European obligations apply to national administrative authorities, with regard to provisions of national law that are incompatible with directly effective provisions of European law? b) Which national constitutional obstacles do they come across by giving effect to these obligations? c) How should the tensions between the European obligations and the national constitutional obstacles be solved? The national law part of the research is focused on the legal systems of France, Germany, and the Netherlands. The last question combines the European and national perspective and reveals a clash, which gives rise to the question whether the obligation in the current form should be maintained. The 'Costanzo obligation' has not been explored very often thus far, as the focus is mostly on the application of EU law by national courts. This research shifts the focus to the position of national administrative authorities in cases of conflict between national law and EU law. Moreover, the book offers a new point of view, as it not only discusses the European perspective, but also explores the 'Costanzo obligation' from the viewpoint of the Member States in a comparative legal study. This combined approach makes the book interesting and valuable for readers with a background in European law or in national constitutional and administrative law.

The Principle of Numerus Clausus in European Property Law

Author: Bram Akkermans

Publisher: Intersentia Uitgevers N V

ISBN: 9789050958240

Category: Law

Page: 657

View: 991

In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.

The Law's Delay

Essays on Undue Delay in Civil Litigation

Author: C. H. van Rhee

Publisher: Intersentia nv

ISBN: 9050953883

Category: Law

Page: 398

View: 3029

Papers from a conference organised by Maastricht University Faculty of Law on 24-25 April 2003.

Investment Treaty Arbitration and Public Law

Author: Gus Van Harten

Publisher: Oxford University Press on Demand

ISBN: 9780199552146

Category: Business & Economics

Page: 214

View: 7705

The recent explosion of investment treaty arbitration marks a revolutionary change in both international and public law, above all because it demonstrates how states have unwittingly privatized key powers of the courts in public law. This book outlines investment treaty arbitration as a public law system, by precisely demonstrating the significance of giving arbitrators comprehensive jurisdiction to decide regulatory disputes between business and state. In doing so, it exposes some startling consequences of transplanting rules of commercial arbitration into the regulatory sphere. First, private arbitrators can award compensation to investors in ways that go well beyond domestic systems of state liability in public law. Second, these awards can be enforced in as many as 165 countries, making them more widely enforceable than other judicial decisions in public law. Third, public law can be interpreted in private as a matter of course, without any appeal to a court to correct errors of law. The conflict between private arbitration and public law poses a serious challenge to open and accountable judging. But the critical flaw of the system - hitherto neglected - is its threat to judicial independence based on security of tenure. Under investment treaties, business claims against the state are decided by privately-contracted adjudicators, who win appointments only as more claims are brought. Thus, as the book explains, the 'judge' has a financial stake in how public law is interpreted and in the outcome of the dispute. While it is laudable to use international adjudication to resolve controversial disputes, the benefits of a global economy are no excuse for corrupting our historic tradition of independent courts.

The Draft Common Frame of Reference

National and Comparative Perspectives

Author: Vincent Sagaert

Publisher: Intersentia Uitgevers N V

ISBN: 9789400002166

Category: Law

Page: 506

View: 1726

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)

Cultural Techniques

Grids, Filters, Doors, and Other Articulations of the Real

Author: Bernhard Siegert

Publisher: Meaning Systems (Fup)

ISBN: 0823263754

Category: Literary Criticism

Page: 265

View: 1434

"This volume designates a shift within posthumanistic media studies, that dissolves the concept of media into a network of operations, that reproduce, process and reflect the distinctions that are fundamental for a given culture, e.g. the anthropological difference, the distinctions between natural object and cultural sign, noise and information, eye and gaze"--

Perspectives for the Unification and Harmonisation of Family Law in Europe

Author: Katharina Boele-Woelki

Publisher: Intersentia nv

ISBN: 9050952879

Category: Law

Page: 573

View: 8426

Is the unification and harmonisation of (international) family law in Europe necessary? Is it feasible, desirable and possible? Reading the different contributions to this book may certainly inspire those who would like to find the right answers to these questions.

The Nature of Mutual Recognition in European Law

Re-Examining the Notion from an Individual Rights Perspective with a View to Its Further Development in the Criminal Justice Area

Author: Wouter van Ballegooij

Publisher: N.A

ISBN: 9781780683263


Page: 414

View: 8203

There is substantial disagreement in academic literature over how to address the tensions between the application of mutual recognition and the safeguarding of individual rights, particularly in the EU's criminal justice arena. This book investigates those tensions by re-examining the nature of mutual recognition in European law from an individual rights perspective. A key question is the role played by mutual recognition in the process of reconciling free movement and other interests. The book contains a comparative analysis of mutual recognition in the internal market and the 'area of freedom, security, and justice.' It assesses mutual recognition in the context of the aims of both areas, as well as the principles of European law and norms laid down in primary/secondary EU law. The analysis follows mutual recognition in the fields of product requirements, professional qualifications, and judicial decisions in criminal matters. The book concludes that the core function of mutual recognition has been obscured by assertions made by EU policy makers regarding its consequences, which fail to distinguish between policy objectives, integration methods, and legal obligations. This has also led to a debate among academics and an interpretation of mutual recognition by the Court of Justice which presents an unnecessary conflict between the application of mutual recognition and the safeguarding of individual rights. It is argued that, for mutual recognition to have a stable future in the EU criminal justice area, clarity regarding its aims is urgently required and individual rights need to be enhanced, both in judicial cooperation measures and through harmonization of suspects' rights in criminal proceedings. (Series: Ius Commune Europaeum - Vol. 138) [Subject: European Law, Human Rights Law, Criminal Justice]

The Present State of Germany

Author: Samuel Freiherr von Pufendorf

Publisher: N.A

ISBN: 9780865974920

Category: History

Page: 273

View: 3171

Although The Present State of Germany was first made available in English over three centuries ago, it has been virtually unavailable in English since the period of the American Founding. By 1696, Pufendorf was well known in England as a staunch defender of the Protestant cause and as one of the renovators of natural law. His writings were familiar to such luminaries as Locke and figured prominently in James Tyrell’s Patriarcha non Monarcha (1681). The editor of this volume, Michael J. Seidler, describes this work of Pufendorf as "an account of German constitutional law detailing the historical relations between the Emperor and the Estates as well as an examination of the legitimating foundations of Imperial authority, a general analysis of the nature and requirements of political sovereignty, and a reconceptualization of the different forms of political order. . . . Its central distinction between so-called regular and irregular states, resting on the question of the locus of sovereignty, demotes the traditional political categories into mere administrative possibilities and thereby creates a more general problematic of freedom and authority with which we are still wrestling today. That is, it raises, at a very early stage in the contractarian tradition which we have inherited, the basic question of how effective political unity is compatible with competing values of diversity and individual liberty.” Samuel Pufendorf (1632-1694) was one of the most important figures in early-modern political thought. An exact contemporary of Locke and Spinoza, he transformed the natural law theories of Grotius and Hobbes, developed striking ideas of toleration and of the relationship between church and state, and wrote extensive political histories and analyses of the constitution of the German empire. Edmund Bohun (1645-1699) was an English press license official and political writer who ended up as chief justice of South Carolina. Michael J. Seidler is Professor of Philosophy at Western Kentucky University. Knud Haakonssen is Professor of Intellectual History at the University of Sussex, England.

Principles of European Contract Law

Parts I and II

Author: Commission on European Contract Law

Publisher: Kluwer Law International B.V.

ISBN: 9041113053

Category: Law

Page: 561

View: 8739

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

Coordinating Ombudsmen and the Judiciary

A Comparative View on the Relations Between Ombudsmen and the Judiciary in the Netherlands, England and the European Union

Author: Milan Remac

Publisher: Intersentia Uitgevers N V

ISBN: 9781780682181

Category: Law

Page: 424

View: 6392

Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another, and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England, and the European Union. The book identifies three levels of possible coordination: institutional coordination, case coordination, and normative coordination. It explores and compares the statutory rules, the case law of the judiciary, and ombudsprudence. In addition, it draws from experiences shared through interviews with ombudsmen, judges, and employees of ombudsman offices. In doing so, the book demonstrates that several improvements to the ombudsmen-judiciary relations are required. (Series: Ius Commune Europaeum - Vol. 125)

Party Autonomy in International Property Law

Author: Roel Westrik,Jeroen van der Weide

Publisher: Walter de Gruyter

ISBN: 3866539320

Category: Law

Page: 256

View: 8123

Party autonomy is a subject that is traditionally rejected in the field of property law. Legal systems throughout Europe and most parts of the world still found their property law on the lex situs. This point of view, however, is challenged more and more. The immense intensification of worldwide trade may have turned boundaries between countries into barriers in a world that needs flexibility. This book deals with important questions concerning this problem, including: What happens to property rights related to movables and claims when borders are crossed? Do we recognize a German retention of title or an American security right? Which law will apply: the law of the country of origin, the lex situs or the law of the country of destination? How does legislation concerning financial instruments relate to the problem, and what is it all worth in insolvency situations?

European Traditions in Civil Procedure

Author: C. H. van Rhee

Publisher: Intersentia nv

ISBN: 905095491X

Category: Law

Page: 344

View: 3596

"[Explores] some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, the Netherlands and Belgium). Two of the central issues that are addressed ... are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter ... is supplemented by three chapters devoted to specific procedural topics: conciliation, party interrogation as evidence, and the role of the judge"--P. [4] of cover.

Law, Memory, Violence

Uncovering the Counter-Archive

Author: Stewart Motha,Honni van Rijswijk

Publisher: Routledge

ISBN: 1317569210

Category: Law

Page: 244

View: 2830

The demand for recognition, responsibility, and reparations is regularly invoked in the wake of colonialism, genocide, and mass violence: there can be no victims without recognition, no perpetrators without responsibility, and no justice without reparations. Or so it seems from law’s limited repertoire for assembling the archive after ‘the disaster’. Archival and memorial practices are central to contexts where transitional justice, addressing historical wrongs, or reparations are at stake. The archive serves as a repository or ‘storehouse’ of what needs to be gathered and recognised so that it can be left behind in order to inaugurate the future. The archive manifests law’s authority and its troubled conscience. It is an indispensable part of the liberal legal response to biopolitical violence. This collection challenges established approaches to transitional justice by opening up new dialogues about the problem of assembling law’s archive. The volume presents research drawn from multiple jurisdictions that address the following questions. What resists being archived? What spaces and practices of memory - conscious and unconscious - undo legal and sovereign alibis and confessions? And what narrative forms expose the limits of responsibility, recognition, and reparations? By treating the law as an ‘archive’, this book traces the failure of universalised categories such as 'perpetrator', 'victim', 'responsibility', and 'innocence,' posited by the liberal legal state. It thereby uncovers law’s counter-archive as a challenge to established forms of representing and responding to violence.

Land Use Systems in Grassland Dominated Regions

Book of Abstracts

Author: A. Lüscher,B. Jeangros,O. Huguenin,M. Lobsiger,N. Millar,D. Suter

Publisher: vdf Hochschulverlag AG

ISBN: 9783728129413

Category: Meadows

Page: 241

View: 4793

"Land Use Systems in Grassland Dominated Regions" was the stimulating theme of the 20th General Meeting of the European Grassland Federation. This topic was not solely tailored to Switzerland and the other countries in the Alpine zone, but also to all other European regions dominated by grassland. In such regions, grasslands are fundamental for agricultural production and landscape value, including the conservation of natural resources. Changes or losses of the basic functions of grassland can have dramatic impacts on regional developments in grassland areas. In adapting these functions, grassland farming faces tremendous challenges caused by economic, political and technical factors.The emphasis of the conference was on five aspects. The first topic dealt with the difficulty in combining ecological and economic goals on a farm scale and at a regional level under given ecological conditions and agro-environmental policy regimes. The second was dedicated to the fact that grassland meets human needs through the services that it provides to society. This was shown by highlighting the benefits and potential risks of grassland systems. The third aspect concerned the efficient use of plant nutrients in soil-plant-animal systems in order to optimise grass growth and minimise environmental impacts. The fourth session concentrated on the relevance of forage quality for the quality and safety of dairy and meat products, and the last session was dedicated to the transfer of knowledge into agricultural practise.This book contains all abstracts of the conference papers. Also available are the complete proceedings.

Quality of Judicial Organisation and Checks and Balances

Author: Gar Yein Ng

Publisher: Intersentia Uitgevers N V

ISBN: 9789050956499

Category: Law

Page: 428

View: 7780

This comparative work looks at approaches to judicial administration in France and the Netherlands within the frameworks of the judicial systems and constitutional law. It explores the possibility of creating a normative way of assessing the quality of the functioning of the organization.