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The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.
Equity. --- Equity pleading and procedure. --- Chancery --- Equity pleading and procedure --- Civil procedure --- Equity --- Pleading --- Procedure (Law) --- Trial practice --- Actions and defenses --- Trusts and trustees --- Law and legislation
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The court of the exchequer, which was the ancient court of tax claims, assumed an equity jurisdiction in the sixteenth century which continued until 1841. This book describes the rise, development and abolition of this part of the court. Professor Bryson begins with a discussion of the rise of the equity side of the court during the reign of Henry VIII or Edward VI and its rapid growth under Elizabeth I. This is followed by a note on the generalizing of its jurisdiction at the beginning of the Interregnum. The third chapter deals with the duties of the principal officers - the lord treasurer, the chancellor of the exchequer, the barons of the exchequer, the king's remembrances, and the eight sworn clerks. The fourth chapter traces the equity procedures and describes the archives, which are now in the Public Record Office in London. This chapter will be useful to those who wish to compare this court with another court of equity or to use the exchequer records. Chapter 5 sets out the reasons for the suppression of the equity jurisdiction. This book supplies important information for the lawyer, the historian and the archivist.
Equity pleading and procedure --- Chancery --- Civil procedure --- Equity --- Pleading --- Procedure (Law) --- Trial practice --- History --- Law and legislation --- Great Britain. --- England and Wales. --- History. --- Arts and Humanities
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Die Autorin beschäftigt sich mit der Informationsbeschaffung in Patentrechtsstreitfällen. Sie vergleicht die Regelungen im amerikanischen Recht mit dem französischen Institut der Saisie-Contrefacon.
Patent suits --- Discovery (Law) --- Evidence, Documentary --- Documentary evidence --- Evidence (Law) --- Legal documents --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Patent litigation --- Patent laws and legislation --- Markenrecht --- Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht --- Gewerblicher Rechtsschutz
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As in its first edition, this book traces the contours of select US common law doctrinal developments concerning international commercial arbitration. This new edition supplements the foundational work contained in the first edition in order to produce a broader and deeper work. The author explores how the US common law may help bridge cross-cultural legal differences by focusing on the need to address these contrasting approaches through the nomenclature and goal of securing equality between party-autonomy and arbitrator discretion in international commercial arbitration. This book thus focuses on the common law development of arbitrator immunity, as well as the precepts of party-initiative and -autonomy forming part of the US common law discovery rubric that may contribute to promoting expediency, efficiency and transparency in international commercial arbitration proceedings. It does so by carefully analyzing, among other things, the International Bar Association (IBA) Rules on Evidence Gathering, the Prague Rules, and the role of 28 USC. §1782 in international arbitration.
International commercial arbitration. --- Discovery (Law) --- Arbitration and award --- Law --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Conflict of laws --- American influences. --- Law and legislation
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This text traces the contours of US doctrinal developments concerning international commercial arbitration. It explores international commercial arbitration as a bridge that creates symmetry between what the author perceives as an anomaly arising from the disparities between the monolithic framework arising from economic globalization and a fragmented global judicial counterpart. Specifically, American common law discovery precepts are analyzed through the prism of the fundamental precepts of party-autonomy, predictability, uniformity, and transparency of spender, which the author contends to be the rudimentary tenets of both the American common law procedural rubric and the very principles that international commercial arbitration seeks not only to preserve but to enhance. Therefore, as the author asserts, the discovery process endemic to American common law comports more closely with international commercial arbitration both procedurally and theoretically than with those of the 'taking of evidence' methodology commonly used in international commercial arbitrations held under the auspices of arbitral institutional bodies.
International commercial arbitration. --- Discovery (Law) --- Arbitration and award --- Law --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Arbitration and award, International --- Commercial arbitration, International --- International arbitration and award --- International commercial arbitration --- Conflict of laws --- American influences. --- Law and legislation --- General and Others --- Arbitration and award - United States --- Law - American influences
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Law of obligations. Law of contract --- Netherlands --- 347.4 --- Liability (Law) --- -13.01.NL --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten --- Wettelijke en contractuele aansprakelijkheid ; Algemeen ; Nederland --- Standardized terms of contract --- -Equity pleading and procedure --- -Insurance, Liability --- Insurance --- Indemnity against liability --- Chancery --- Equity pleading and procedure --- Civil procedure --- Equity --- Pleading --- Procedure (Law) --- Trial practice --- Contracts, Standard --- Contracts, Uniform --- Standard conditions of contract --- Standard contracts --- Standardized contracts --- Uniform conditions of contract --- Uniform contracts --- Uniform terms of contract --- Contracts --- Law and legislation --- Theses --- Liability insurance --- 347.4 Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten --- -Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten --- -347.4 Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten --- Insurance, Liability --- 13.01.NL --- 347.5 --- 347.5 Verbintenissen die niet uit een overeenkomst voortvloeien--(algemeen) --- Verbintenissen die niet uit een overeenkomst voortvloeien--(algemeen) --- Obligations (droit)
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Law of civil procedure --- Comparative law --- United States --- Netherlands --- Austria --- Actions and defenses --- Actions et défenses --- Burgerlijk procesrecht --- Burgerlijk procesrecht (Internationaal recht) --- Burgerlijk procesrecht -- Recht en wetgeving --- Civil procedure --- Civil procedure (International law) --- Civil procedure -- Law and legislation --- Defense (Law) --- Droit judiciaire privé --- Défense (Droit) --- Interleader --- Ligitation --- Personal actions --- Procesrecht [Civil ] --- Procédure civile --- Procédure civile (Droit international) --- Procédure civile -- Droit et législation --- Real actions --- Rechtsvordering en verdediging --- Suits (Law) --- Verdediging (Recht) --- Verweer (Recht) --- 347.94 --- Privaatrechtelijk bewijs --- 347.94 Privaatrechtelijk bewijs --- Discovery (Law) --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Procedure (Law) --- Appellate procedure --- Trial practice --- Civil actions --- Interpleader --- Lawsuits --- Litigation --- Remedies (Law) --- Law and legislation --- Court proceedings --- United States of America --- Procédure (droit) --- Preuve (droit) --- Etudes comparatives
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351.82*6 <430.1> --- 351.82*6 --- Restraint of trade --- -Discovery (Law) --- -Criminal procedure --- -Restraint of trade --- -Criminal law --- Criminal procedure --- Courts --- Criminal justice, Administration of --- Procedure (Law) --- Public law --- Appellate procedure --- Criminal courts --- Criminal law --- Trial practice --- Pretrial discovery --- Equity pleading and procedure --- Pre-trial procedure --- Combinations in restraint of trade --- Competition --- Competition law --- Restrictive trade practices --- Trade, Restraint of --- Trade practices, Unfair --- Unfair trade practices --- Commercial crimes --- Trade regulation --- Monopolies --- Trusts, Industrial --- Mededingingsrecht. Kartelrecht--Westduitsland. Bondsrepubliek Duitsland --- Mededingingsrecht. Kartelrecht --- Pleading and practice --- Law and legislation --- -Mededingingsrecht. Kartelrecht--Westduitsland. Bondsrepubliek Duitsland --- 351.82*6 Mededingingsrecht. Kartelrecht --- 351.82*6 <430.1> Mededingingsrecht. Kartelrecht--Westduitsland. Bondsrepubliek Duitsland --- -351.82*6 Mededingingsrecht. Kartelrecht --- Discovery (Law) --- Concurrence --- Droit européen
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