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Le trust de common law et l'exécution forcée en Suisse
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ISBN: 9783725564354 9782894002995 3725564353 Year: 2011 Publisher: Zurich - Bâle - Genève Schulthess Média Juridiques SA

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Creating and governing an integrated market for retail banking services in Europe : a conceptual-empirical study of the role of regulation in promoting a single euro payments area.
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ISBN: 9783631608340 3631608349 Year: 2011 Volume: 5 Publisher: Frankfurt am Main Peter Lang


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Specific performance in German, French and Dutch law in the nineteenth century
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ISBN: 9004202285 9789004202283 9789004196056 9004196056 Year: 2011 Publisher: Leiden Boston Martins Nijhoff Publishers

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The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations.    Studies in the History of Private Law , volume 2


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The payment order of antiquity and the Middle Ages
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ISBN: 1847318665 1472561031 1280125551 9786613529411 1847318436 9781847318435 9781280125553 9781849460521 1849460523 9781847318664 9781472561039 Year: 2011 Publisher: Oxford Portland, OR Hart Publishing

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Examining the legal history of the order to pay money initiating a funds transfer, the author tracks basic principles of modern law to those that governed the payment order of Antiquity and the Middle Ages. Exploring the legal nature of the payment order and its underpinning in light of contemporary institutions and payment mechanisms, the book traces the evolution of money, payment mechanisms and the law that governs them, from developments in Ancient Mesopotamia, Ancient Greece, Rome, and Greco-Roman Egypt, through medieval Europe and post-medieval England. Doctrine is examined in Jewish, Islamic, Roman, common and civil laws. Investigating such diverse legal systems and doctrines at the intersection of laws governing bank deposits, obligations, the assignment of debts, and negotiable instruments, the author identifies the common denominator for the evolving legal principles and speculates on possible reciprocity. At the same time he challenges the idea of 'law merchant' as a mercantile creation. The book provides an account of the evolution of payment law as a distinct cohesive body of legal doctrine applicable to funds transfers. It shows how principles of law developed in tandem with the evolution of banking and in response to changing circumstances and proposes a redefinition of 'law merchant'. The author points to deposit banking and emerging technologies as embodying a great potential for future non-cash payment system growth. However, he recommends caution in predicting both the future of deposit banking and the overall impact of technology. At the same time he expresses confidence in the durability of legal doctrine to continue to evolve and accommodate future payment system developments


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Unexpected circumstances in European contract law
Authors: ---
ISBN: 9781107003408 1107003407 9780511763335 9781107416871 1107416876 1107220750 9786613055071 1139041819 1139042580 1139041045 1139038672 0511763336 1283055074 1139045229 1139036351 9781139041041 9781139042581 9781139045223 9781107220751 9781283055079 6613055077 9781139041812 9781139038676 Year: 2011 Publisher: Cambridge : Cambridge University Press,

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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.


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Payment order of antiquity and the middle ages : a legal history.
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ISBN: 9781849460521 1849460523 Year: 2011 Volume: 6 Publisher: Oxford Hart

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