Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
In European law, "non-contractual liability arising out of damage caused to another" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. The law of non-contractual liability arising out of damage caused to another - in the common law known as tort law or the law of torts, but in most other jurisdictions referred to as the law of delict - is the area of law which determines whether one who has suffered a damage, can on that account demand reparation - in money or in kind - from another with whom there may be no other legal connection than the causation of damage itself. Besides determining the scope and extent of responsibility for dangers of one's own or another's creation, this field of law serves to protect fundamental rights in the private law domain, that is to say horizontally between citizens inter se. Based on pan-European comparative research which annotates the work, this book presents model rules on liability. Explanatory comments and illustrations amplify the policy decisions involved. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but also provides a fairly detailed indication of the present legal situation in the Member States.
Bioassays are among the ecotoxicologist's most effective weapons in the evaluation of water quality and the assessment of ecological impacts of effluents, chemicals, discharges, and emissions on the aquatic environment. Information on these assessment aids is needed throughout the international scientific and environmental management community. This comprehensive reference provides an excellent overview of the small-scale aquatic bioassay techniques and applications currently in use around the world. This special volume is the result of several years of collaboration between Environment Canada and Fisheries and Oceans Canada. Internationally recognized research scientists at many institutions have contributed to this state-of-the-art examination of the exciting, environmentally important field of microscale testing in aquatic toxicology. Microscale Testing in Aquatic Toxicology contains over forty chapters covering relevant principles, new techniques and recent advancements, and applications in scientific research, environmental management, academia, and the private sector.
Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the DCFR. In recent years unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States.
This book examines the new Vienna Rules and the Austrian Arbitration Act that both came into effect on 1 July 2006 as the result of a major reform. It is devoted to two principles. First, it recognizes that no two international arbitrations are the same. Arbitration thrives, and is today the predominant method of transnational dispute resolution, because it meets the demands of international business for flexibility and efficacy. Arbitration will continue to succeed if it retains those properties, allowing for the adoption of procedures that are customized to satisfy the commercial prerogatives of the individual case. This book seeks to provide its readers with a general framework, and specific instruments, to negotiate that process.
The use of multiple raters can improve the validity of conclusions made on self- (and other) reports of emotions, attitudes, goals, and self-perceptions of personality. Yet analyzing these ratings requires special psychometric models that take into account the specific nature of these data. From leading authorities, this book offers the first comprehensive introduction to structural equation modeling (SEM) of multiple rater data. Rather than taking a one-size-fits-all approach, the book shows how the choice of a model should be guided by measurement design and purpose. Practical recommendations are provided for selecting suitable measurement designs, raters, and psychometric models. Models for different combinations of rater types and for cross-sectional as well as longitudinal research designs are described step by step, with a strong emphasis on the substantive meaning of the latent variables in the models. User-friendly features include equation boxes, application boxes, and a companion website with Mplus and lavaan code for the book’s examples.
In all legal systems of the European Union the law of contract and the law of tort form the main pillars of the law of obligations. Legal history and comparative law show, however, that it is not possible to cope with these two bodies of rules alone – even if their scope of application is generously conceived. Another part of the law of obligations, alongside the law of unjustified enrichment, which to some extent lies “between” contract and tort and fills the gaps that those areas of the law leave behind, is subject of this Book. The Study Group on a European Civil Code has drafted Principles relating to the unsolicited and voluntary undertaking of another’s affairs on the basis of a reasonable ground for intervention: “Principles of European Law: Benevolent Intervention in Another’s Affairs”.
As the politico-economic exploits of vikings in and around the Frankish realm remain, to a considerable extent, obscured by the constraints of a fragmentary and biased corpus of (near-)contemporary evidence, this volume approaches the available interdisciplinary data on a cumulative and conceptual level, allowing overall spatiotemporal patterns of viking activity to be detected and defined – and thereby challenging the notion that these movements were capricious, haphazard, and gratuitous in character. Set against a backdrop of continuous commerce and knowledge exchange, this overarching survey demonstrates the existence of a relatively uniform, sequential framework of wealth extraction, encampment, and political engagement, within which Scandinavian fleets operated as adaptable, ambulant polities – or ‘hydrarchies’. By delineating and visualising this framework, a four-phased conceptual development model of hydrarchic conduct and consequence is established, whose validity is substantiated by its application to a number of distinct regional case studies. The parameters of this abstract model affirm that Scandinavian movements across Francia were the result of prudent and expedient decision-making processes, contingent on exchanged intelligence, cumulative experience, and the ongoing individual and collective need for socioeconomic subsistence and enrichment. Monarchs and Hydrarchs will appeal to both students and specialists of the Viking Age, whilst serving as an equally valuable resource to those investigating early medieval Francia, Scandinavia, and the North Sea world as a whole.
The ramifications of the Global Financial Crisis, which erupted in 2007, continue to surprise not only the general public but also finance professionals, economists, and journalists. Faced with this challenge, Preparing for the Next Financial Crisis goes back to basics. The authors ask: what do theory and empirical observations tell us about the causes and the consequences of financial crisis and instability? In what has become an increasingly complex financial world, what lessons can we learn from economic policies, which have been implemented, and research, which has developed extremely rapidly in recent years, so as not to repeat past mistakes? In this comprehensive review of the literature, which is both complete and balanced, the authors highlight the points of consensus among economists and policymakers. They assess the capacity of economic policies and institutions in limiting the cost of financial instability. In conclusion, they ask if the financial system has become safer, in the light especially of the Covid-19 Global Crisis. Ten years after the GFC crisis, this is a timely review of the reform agenda, the progress made, and the areas where further changes need to be made to address new risks and challenges.
With its focus on drugs so recently introduced that they have yet to be found in any other textbooks or general references, the information and insight found here makes this a genuinely unique handbook and reference. Following the successful approach of the previous volumes in the series, inventors and primary developers of successful drugs from both industry and academia tell the story of the drug's discovery and describe the sometimes twisted route from the first drug candidate molecule to the final marketed drug. The 11 case studies selected describe recent drugs ranging across many therapeutic fields and provide a representative cross-section of present-day drug developments. Backed by plenty of data and chemical information, the insight and experience of today's top drug creators makes this one of the most useful training manuals that a junior medicinal chemist may hope to find. The International Union of Pure and Applied Chemistry has endorsed and sponsored this project because of its high educational merit.
Foundations of Property Law: Things as Objects of Property Rights is an abridged translation of the first volume of Christian von Bar's Gemeineuropäisches Sachenrecht -a milestone in European private law theory, and in comparative property law more broadly. Radical in content and scope, the English version examines the dynamics of interaction between the objects, contents, and holders of property. The conceptual framework of 'property law' is presented as a domain of erga omnes monopoly rights that govern the relationship between persons and objects of value. Within that framework, a reciprocal relationship is illustrated between "property rights" and their objects; property rights play a role in constituting the very objects ("things") in which they are held. With comprehensive comparative analysis, insights are gleaned from all the jurisdictions of the European Union and the United Kingdom, presenting a critical evaluation of property law systems in both Common and Civil Law traditions. This book joins all the national legal systems in a single inquiry, treating their traditions and arguments with the respect they deserve and taking advantage of the knowledge embodied in the diversity of European private law. A scholastic work, offering deep and unique insights into the European property law systems, Foundations of Property Law will quickly become a go-to resource for anyone interested in European private law and comparative property law.
Christian Koziol shows that various conversion strategies for convertible bonds can be optimal which result in different values for stocks and convertible bonds. A comparative static analysis examines the differences between the properties of the optimal conversion strategies and between the asset values for three conversion variants.
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports on most European jurisdictions, an overview of the developments in the field of EU law as well as a comparative summary reviewing the essential aspects of all reports. Focusing on the year 2009, the authors critically report on important court decisions, present new legislation and provide a literature overview.
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