Human Rights And Private Law
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| Author | : Verica Trstenjak |
| Publisher | : Springer |
| Total Pages | : 596 |
| Release | : 2015-12-16 |
| Genre | : Law |
| ISBN | : 3319253379 |
This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
| Author | : David Hoffman |
| Publisher | : Cambridge University Press |
| Total Pages | : 443 |
| Release | : 2011-10-13 |
| Genre | : Political Science |
| ISBN | : 1139503200 |
The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.
| Author | : Kit Barker |
| Publisher | : Cambridge University Press |
| Total Pages | : 387 |
| Release | : 2013-12-05 |
| Genre | : Law |
| ISBN | : 1107039118 |
An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.
| Author | : Louwrens R. Kiestra |
| Publisher | : Springer |
| Total Pages | : 335 |
| Release | : 2014-09-11 |
| Genre | : Law |
| ISBN | : 9462650322 |
In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.
| Author | : Thomas Barkhuysen |
| Publisher | : BRILL |
| Total Pages | : 145 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9004148523 |
This publication aims at establishing a clear analysis of the nature and growth of the C-factor (C for constitutionalisation) in Germany, France, the UK and The Netherlands.
| Author | : Dan Friedmann |
| Publisher | : Hart Publishing |
| Total Pages | : 416 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 1841132136 |
In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.
| Author | : Ugo Mattei |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 262 |
| Release | : 2018-10-26 |
| Genre | : Law |
| ISBN | : 1786435187 |
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
| Author | : A. S. Hartkamp |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : Civil law |
| ISBN | : 9781780683850 |
European law affects national private law in many ways. This is not only true for EU Directives, but also for the EU Treaties, the EU Charter on Fundamental Rights and the general principles of EU law. This book explores the influence of European law on legal relationships between individuals.
| Author | : Andrew S. Gold |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 640 |
| Release | : 2020-11-06 |
| Genre | : Law |
| ISBN | : 0190919663 |
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law. This field, which embraces the traditional common law subjects-property, contracts, and torts-as well as adjacent, more statutory areas, such as intellectual property and commercial law, also includes important subjects that have been neglected in the United States but are beginning to make a comeback. The book particularly focuses on the New Private Law, an approach that aims to bring a new outlook to the study of private law by moving beyond reductively instrumentalist policy evaluation and narrow, rule-by-rule, doctrine-by-doctrine analysis, so as to consider and capture how private law's various features fit and work together, as well as the normative underpinnings of these larger structures. This movement is resuscitating the notion of private law itself in United States and has brought an interdisciplinary perspective to the more traditional, doctrinal approach prevalent in Commonwealth countries. The book embraces a broad range of perspectives to private law-including philosophical, economic, historical, and psychological- yet it offers a unifying theme of seriousness about the structure and content of private law."--
| Author | : Michael Faure |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 509 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1849805210 |
This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process. Within this work, European and South African scholars deal with the relationship between private law and globalization in fourteen innovative chapters, addressing inter alia globalization, democracy and accountability, harmonization versus decentralization, public law issues, corporate governance, procedural issues as well as human rights and the environment. This well-documented and original study will be a valuable resource for academics and legal practitioners as well as students. Specialists in private law, transnational law, international law and legal theory should also not be without this important book.
