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Party Autonomy in European Private (and) International Law

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Author :
Release : 2015
Genre :
Kind : eBook
Book Rating : 965/5 ( reviews)

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Book Synopsis Party Autonomy in European Private (and) International Law by :

Download or read book Party Autonomy in European Private (and) International Law written by . This book was released on 2015. Available in PDF, EPUB and Kindle. Book excerpt:

Party Autonomy in Private International Law

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Author :
Release : 2018-08-16
Genre : Law
Kind : eBook
Book Rating : 179/5 ( reviews)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills. This book was released on 2018-08-16. Available in PDF, EPUB and Kindle. Book excerpt: Provides an unprecedented historical, theoretical and comparative analysis and appraisal of party autonomy in private international law. These issues are of great practical importance to any lawyer dealing with cross-border legal relationships, and great theoretical importance to a wide range of scholars interested in law and globalisation.

Party Autonomy in Private International Law

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Author :
Release : 2018-08-16
Genre : Law
Kind : eBook
Book Rating : 70X/5 ( reviews)

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Book Synopsis Party Autonomy in Private International Law by : Alex Mills

Download or read book Party Autonomy in Private International Law written by Alex Mills. This book was released on 2018-08-16. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an unprecedented analysis and appraisal of party autonomy in private international law - the power of private parties to enter into agreements as to the forum in which their disputes will be resolved or the law which governs their legal relationships. It includes a detailed exploration of the historical origins of party autonomy as well as its various theoretical justifications, and an in-depth comparative study of the rules governing party autonomy in the European Union, the United States, common law systems, and in international codifications. It examines both choice of forum and choice of law, including arbitration agreements and choice of non-state law, and both contractual and non-contractual legal relations. This analysis demonstrates that while an apparent consensus around the core principle of party autonomy has emerged, its coherence as a doctrine is open to question as there remains significant variation in practice across its various facets and between legal systems.

Party Autonomy in International Property Law

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Author :
Release : 2011-06-30
Genre : Law
Kind : eBook
Book Rating : 320/5 ( reviews)

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Book Synopsis Party Autonomy in International Property Law by : Roel Westrik

Download or read book Party Autonomy in International Property Law written by Roel Westrik. This book was released on 2011-06-30. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Japanese and European Private International Law in Comparative Perspective

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Author :
Release : 2008
Genre : Law
Kind : eBook
Book Rating : 472/5 ( reviews)

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Book Synopsis Japanese and European Private International Law in Comparative Perspective by : Jürgen Basedow

Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow. This book was released on 2008. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

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