Name: Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)
SKU: 3fe4505c396d080f7d13fa305cf2f8d3
Price: 102.49 EUR
Availability: InStock

Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)

Is it time for jurisdictions to undertake recodification, decodification, or even codification of their private laws? This volume addresses this recurring question in legal science by presenting recent developments and new perspectives on the codification of private law from a comparative law viewpoint. Contributions in this volume explore how jurisdictions from America, Asia and Europe currently stand regarding codification and help generate awareness on different paths, yet also of common grounds. Codification exceeds jurisdictional borders, and therefore the experiences presented in this volume should be seen as part of a global phenomenon. Jurisdictions do not evolve in isolation, since the circulation of ideas – often present in transplantation or normative transfers – is able to shape codification. This volume should help assess the virtues and weaknesses of codification, thus offering insights into the status of a paradigm that stretches across the globe.

102,49

Directors liability in the twilight zone - Loes Lennarts - eBook (9789462749115)

The legislative efforts of the European Union with respect to insolvency were, for a long time, limited to providing uniform rules of international private law on the competent court, applicable law and recognition by means of the European Insolvency Regulation. In recent years, the legislative efforts have shifted towards harmonization of substantive insolvency law at a European level. The most defining characteristic of this harmonization attempt is the focus on reorganization instead of liquidation. In November 2016, the European Commission presented its proposal for a Directive on Preventive Restructuring Frameworks, Second Chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures. The Directive provides for the possibility to reorganize prior to and outside of court supervised insolvency procedures. It envisions that such preventive restructurings should enable enterprises to restructure at an early stage and to avoid the opening of forma…

65,28

Cross-border evidence gathering - Marloes C. van Wijk - eBook (9789462747395)

In order to develop an Area of Freedom, Security and Justice, the European Union is adopting measures to enhance international cooperation in criminal matters among the police and judicial authorities of its Member States. The adopted instruments concerning evidentiary matters, such as the gathering of evidence in another EU Member State, seem to serve the main purpose of assisting the authorities in investigating and prosecuting (cross-border) crime. This raises the question to what extent the defence is also given the possibility to gather information and materials in another EU Member State with the aim of preparing and presenting its case at trial and, in particular, whether the current (EU) legal framework on cross-border evidence gathering meets the requirements of the principle of equality of arms. This book addresses these questions by, first of all, discussing the application of the principle of equality of arms, as enshrined in both Article 6 ECHR and Article 47 CFR, in cross…

107,98

Balancing the protection of business and employment in insolvency - Jennifer L.L. Gant - eBook (9789462747081)

Following the economic shocks of 2007/08 a spotlight has been thrown on how best to support effective business rescue and employment protection. However, business rescue and employment protection often tend to conflict in law and policy. Employees attached to the sale of a business often represent a liability by reducing the business's intrinsic value and deterring business acquisitions in view employment liabilities that transfer by operation of the Acquired Rights Directive. As such, a balance must be sought between the conflicting policy objectives of business rescue and employment protection. This book presents an investigation based on a comparative legal historical analysis of the approaches taken to balancing employment protection and business rescue in the United Kingdom and France, chosen due to their legal and political influence in the EU and their archetypically different legal systems. This approach is useful as a background to future reform efforts as it explains how part…

46,98

The EU Bill of Rights’ Diagonal Application to Member States - eBook (9789462749153)

It is out of the question that nowadays the European competence to defend rule of law and human rights against Member States is one of the core issues of the ‘European project’. In the last decade, the EU institutions have made several, benevolent but feeble, attempts to enforce rule of law and human rights requirements. Though EU law’s approach, at least at first glance, might appear to be idiosyncratic, it is far from unprecedented and, as far as multilevel constitutionalism is concerned, EU law may draw on the experiences of various regimes where centralized human rights protection and national (state) constitutional identities coexist. Comparative federalism provides an array of experiences, solutions and techniques, which help the European integration to grasp and address the diagonal enforcement of human rights and to take stock of its solutions. This volume addresses the EU’s human rights problem from a comparative perspective and explores the constitutional and jurisprudential …

23,80

A Critical Approach to Police Science - eBook (9789462749573)

The social, economic and technological developments of the late modern society have radically changed policing approaches both at national and supranational levels. With the anti-terrorism discourse and the global crises of mobilities, the security needs of citizens is now at the pinnacle of government priorities. At the same time, traditional law enforcement faces an epistemological crisis through the digitalisation and privatization of security. Governments, and especially the police, are expected to either prevent or respond to security threats, and if necessary, to ensure order through rigorous measures. The traditional means of policing, however, is met with increasing difficulties to sustain their legitimacy on all fronts. Regarding the current subject of public security, several challenges can be identified. The shifting relationship between organizational and management rules between the state and other governing bodies, the use of new technologies, and the fusion of different …

144,59

Does the Law of Succession Reflect Cultural Differences? - Reinhard Zimmermann - eBook (9789462748859)

This is the published version of the first Maastricht Private Law Lecture which was delivered by Reinhard Zimmermann on 27 January 2017. According to a widely held view, the law of succession is shaped by the cultural values of the society within which it prevails. Related to this is the perception that the law of succession is marked by great stability. It is thus resistant both to change and to legal harmonization. Comparative research, too, has traditionally been regarded as impractical and unrewarding. In his lecture Zimmermann challenges this view. He points to transsystemic constants as well as transsystemic tendencies of development, to outdated peculiarities and thinking patterns as well as to the benefits to be gained by critical reflection, and he analyses historical examples of the phenomenon of legal charge and the reception of rules and ideas. The focus is, throughout, on two central problem areas within the province of the law of succession: testamentary formalities and t…

37,21

Negotiated settlements for corruption offences - eBook (9789462741157)

EU Member States must continually review their anti-corruption policy and regulation to ensure that they provide effective, proportionate and dissuasive criminal penalties to protect the financial interests of the EU. Best practices from other countries can provide guidance. The US practice of negotiated settlements for corruption offences has proven to be of growing importance and the spread of such settlements as a mechanism for anti-corruption enforcement in other countries raises the question of how the EU should respond to this development. Do negotiated settlements align with the particular character of European criminal law enforcement systems? What socio-economic, political or legal factors affect the use of negotiated settlements in Europe? National rapporteurs and experts considered such questions in order to evaluate the practice of negotiated settlements from a European perspective at a 2014 seminar on Negotiated Settlements for Corruption Offences: A European Perspective s…

93,95

Direct Democracy in Comparative Law - Elisabetta Palici Di Suni - eBook (9789462748491)

Faced with the variety and complexity of the forms that direct democracy takes today, this book pays attention first to the main stages in which direct democracy has historically evolved, and then considers at greater length the systems currently in place in different countries. The first chapter provides historical background. The two following chapters are devoted to Europe and to the Americas, where direct democracy is most developed. The analysis of the different forms that direct democracy has historically taken and those that characterize contemporary systems should allow a more balanced judgment for or against direct democracy, both in general and in specific contexts. The Comparative Public Law Treatise is a comprehensive body of publications, addressing the most relevant topics within comparative public law. The Treatise aims to identify and present in an original fashion comparative knowledge in the area of public law, whilst also developing new interpretative guidelines. Eac…

154,97

New Bank Insolvency Law for China and Europe - Qingjiang Kong - eBook (9789462746800)

This is Volume one of a new series on 'New Bank Insolvency Law for China and Europe'. This volume provides a comprehensive analysis of the current Chinese bank insolvency framework, and discusses future developments in the field of Chinese bank insolvency law. This research has been made possible by the Royal Netherlands Academy of Arts and Sciences, and the Chinese Ministry of Education. In this series, researchers of the China University of Political Science and Law, and Leiden Law School's Hazelhoff Centre for Financial Law addressed the question: how best to achieve a modernized bank insolvency regime for China and the EU? The series takes into account some of the most important developments in international restructuring and insolvency law. The volumes on 'New Bank Insolvency Law for China and Europe' therefore present a valuable resource for academics, practitioners and policymakers, and a timely contribution to scholarly and practical discussions about the development of rules t…

67,72

Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)

Verkopers met dit product

Anderen bekeken ook

Meer over Re- De- Co-dification? - Agustin Parise, Lars van Vliet - eBook (9789462749900)

Productomschrijving

Productinformatie