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...

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...

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 ...

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...

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...

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...

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 ...

On September 23, 1912, the Dutch Copyright Act - Auteurswet - was enacted. A century after itsenactment the Dutch law is one of the world's oldest 'living' acts of the author's rights tradition. While the Act has seen many small and large amendments since its adoption in 1912, it has never been thoroughly revised, so its conception and basic structure have remained essentially intact.This book celebrates the hundredth anniversary of the Dutch Act. It traces and assesses, for an international...

Systems based on artificial intelligence (AI) offer increasing opportunities to support human decision-making. This book discusses these opportunities from highly practical perspectives. Starting from a solid background and explanation of artificial intelligence and the general ethical challenges and possibilities in the legal field, it delves into four specific applications of AI systems. The first part relates to the use and deployment of AI systems in the corporate boardroom and in the con...

This publication is a summary of a master thesis in construction law.

It examines the possibilities of implementing a knock-for-knock clause, typically applied in offshore contracts, in an onshore construction contract. It examines the validity of the knock-for-knock clause implemented in an onshore construction contract under the applicable laws of Denmark, Norway and England. Perspectives are drawn to the new forms of contracts such as Alliance partnerships, IPD and IPI contracts.

Sacha Bee...