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General average, legal basis and applicable law
the overrated significance of the York-Antwerp Rules
|| Paperback || Jolien Kruit || Paris Legal Publishers || met inkijkexemplaar
General average is considered to be one of the most uniformly regulated topics of maritime law. This study concludes that this perception is flawed. The invariably applicable York-Antwerp Rules do not provide a full regime, whereas their applicability is generally contractual only. As a result, questions arise as to which law applies to general average obligations, how the applicable national law is to be determined (taking into consideration the impact of the European Rome I and II Regulatio...
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Negotiating International Commercial Contracts: Practical Exercises
2021 || Paperback || Gustavo Moser e.a. || Eleven international publishing || met inkijkexemplaar
Negotiating International Commercial Contracts – Practical Exercises is an innovative workbook that comprises over 80 real-life case scenarios, accompanied by suggested answers and guidelines. These are built upon the authors’ experience and understanding of both legal and business interests which underlie the negotiation of an international commercial contract. The exercises focus on two of the most vital choices in an international commercial contract: (i) the choice of the substantive ...
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Hardship in transnational commercial contracts / druk 1
a critique of legal, judicial and contractual remedies
2014 || Paperback || Catherine Pédamon e.a. || Uitgeverij Paris B.V.
This book addresses one of the more controversial dilemmas in transnational contract law, especially in times of economic volatility and change - how should the law and its agents assist in ensuring that contracting parties are held to their promises whilst seeking to prevent economic waste and disorder, both for the parties and society. We live in extremely challenging economic times - the huge financial maelstrom that broke in 2008 and the after-shock effects will remain with us for years t...
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Teaching Comparative Law: Experiences and Reflections
2024 || Paperback || K. Boele-Woelki || Eleven international publishing
Author Katharina Boele-Woelki reports on her many years of teaching comparative law. This volume is addressed to (young) academics teaching comparative law and to all those interested in the questions of what, when, who, why and how. Three aspects need to be considered. In terms of the subject matter, the challenge is to focus either on the history and use of comparative law, on introductions to different legal systems, on teaching a particular area of law from a comparative perspective, or o...
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The impact of the mortgage credit directive in Europe
Contrasting views from member states
2017 || Paperback || Miriam Anderson e.a. || Europa Law Publishing
How has European Private Law responded to the property and mortgage markets crisis? And in what way is this reaction likely to model domestic systems? The financial and economic crisis that has marked the beginning of the century has had a devastating effect on the property and mortgage markets in many Member States of the European Union. Despite this, the European legislator took its time to respond. This book analyses the impact of the Mortgage Credit Directive (Directive 2014/17) in twelve...
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Property Law Perspectives VII
2020 || Paperback || Bram Akkermans e.a. || Eleven international publishing
This volume is the seventh instalment in the Property Law Perspectives Series. Produced by the Young Property Lawyers’ Forum (www.yplf.net), a global network of young property law scholars, this volume presents the carefully curated highlights of two consecutive conferences held at the University of Maastricht and the University of Glasgow.
A broad range of property law topics are covered in this book within the three themes of ‘Objects of Property Rights’, ‘Property and Justice’, a...
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Sustainability and Private Law
2019 || Paperback || Bram Akkermans e.a. || Eleven international publishing
Sustainability and sustainable development are amongst the largest and most complex challenges for the 21st century. This is not just a matter for states and governments, but rather a common goal to which we should all contribute. Are the rules of private law suitable to contribute to sustainable solutions? The authors in this book explore aspects of property law, tort law, and contract law. They investigate whether the current rules of private law provide sufficient incentives and possibilit...
Child-friendly Justice in Child Custody and Contact Cases after Parental Separation
An empirical-evaluative study of Belgian law and Flemish practice
2023 || Hardcover || Evelyn Merckx || Eleven international publishing
Nowadays, many children have to live with the repercussions of their parents’ decision to separate. Following that decision, arrangements on the children’s residence and visitation rights with a parent become necessary. These arrangements are often made during a time of emotional tribulation, when children are struggling to find a new balance. Generally, parents turn to the legal system to handle their separation or to manage conflicts that arise. However, these legal proceedings can beco...
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In Anticipation of a Future Period of Incapacity
The Dutch ‘Levenstestament’ from a Legal, Empirical and Comparative Perspective
2024 || Paperback || H.N. Stelma-Roorda || Eleven international publishing
With an ageing population, the number of people with dementia is expected to increase in the coming decades. Dementia can seriously impair a person’s ability to act and decide. In the Netherlands, adults can provide for such a future period of incapacity through a so-called levenstestament. A levenstestament can include the appointment of an attorney for financial, medical and/or personal matters, but also the adult’s wishes, preferences and instructions regarding these matters. Over the ...
Shaping Civil Litigation Using Procedural Agreements
2024 || Hardcover || Antonio Cabral e.a. || Boom juridisch
Procedural agreements hold the potential to effectively customise and expedite civil proceedings. However, their impact on access to justice, particularly for weaker litigants, and the potential erosion of the court’s role raise significant concerns. Despite the growing acceptance of procedural contracts, it is still unclear how courts should interpret and when they should enforce these agreements. This book delves into the critical examination of choice-of-court, evidentiary, costs, appeal...