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To better appreciate present-day private international law and its future prospects and challenges, we should consider the history and historiography of the field. This book offers an original approach to the study of conflict of laws and legal history that exposes doctrinal lawyers to historical context, and legal historians to the intricacies of legal doctrine. The analysis is based on an in-depth examination of Medieval and Early Modern conflict of laws, focusing on the classic texts of Bartolus and Huber. Combining theoretical insights, textual analysis and historical perspectives, the author presents the preclassical conflict of laws as a rich world of doctrines and policies, theory and practice, context and continuity. This book challenges preconceptions and serves as an advanced introduction which illustrates the relevance of history in commanding private international law, while aspiring to make private international law relevant for history.
Conflict of laws --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- History. --- Civil law
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"In almost every textbook on private international law, there is a reference to the medieval and early modern jurists who, it is claimed, wrote on the conflict of laws. Such references are often very brief. Some appear to unveil the foundation stone of our whole doctrinal edifice, but many others may look and feel ornamental, of no importance to their author's argument. What matters the most is that, taken together these references constitute an integral aspect of our thinking about private international law - an aspect that, it will be argued in this book, is important, if neglected, and also misunderstood"--
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This short monograph attempts an exploration of the legal treatment of evidence questions in Cyprus law. The first section of the study offers a comparative-law introduction to the legal system of Cyprus – a mixed legal system that in matters of civil litigation, including evidence, tends to strongly follow the English common law tradition (including the existence of an autonomous legal field of evidence law, that tends to be dominated by criminal evidence law. The second section presents the general principles underlying Cypriot civil procedure, including evidence. The sections that follow examine in more detail legal aspects involving civil evidence, especially how the basic types of evidence are treated in Cyprus law and how the processes for the taking of evidence are organized. The study also examines special questions including the legal treatment of illegally obtained evidence, legal costs and problems of language. The final section examines the cross-border dimensions of civil evidence-taking.
Law - Europe, except U.K. --- Law - Non-U.S. --- Law, Politics & Government --- cross-border cases --- cyprus --- judicial cooperation --- principles --- evidence --- civil procedure law --- Affidavit --- Burden of proof (law) --- Case law --- Common law --- Defendant --- English law --- Lawsuit
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Conflict of laws --- History. --- Droit international privé --- Histoire.
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Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Law of civil procedure --- European Union --- Class actions (Civil procedure) --- Exterritoriality --- Conflict of laws --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Civil procedure --- Class actions --- Droit privé (droit européen) --- Vente internationale --- Recours collectifs (droit) --- Droit international privé --- Recours collectifs (Procédure civile) --- Exterritorialité --- Procédure civile (Droit international privé) --- Droit international privé. --- Aggregate litigation (Class actions) --- Class action lawsuits --- Actions and defenses --- Complex litigation --- Public interest law --- Citizen suits (Civil procedure) --- Parties to actions --- Conflict of laws - Class actions - European Union countries --- Class actions (Civil procedure) - European Union countries
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This wide-ranging collection of essays reflects the manifold scholarly interests of legal historian Charles Donahue, whose former students engage here with questions related to foundational Roman law concepts, the impact of the law on women and families in medieval and early modern Europe, the intersection of law and religion, and the echoes of legal ideas on later developments in American law and in world literature and philosophy. From the monks of Metz to the book sellers of colonial Boston, from fourteenth-century English charters to the writings of Faust, these essays invite you to experience law at once learned and lived. Contributors are: Charles Bartlett, Anton Chaevitch, Wim Decock, Rowan Dorin, Sally E. Hadden, Elizabeth Haluska-Rausch, Nikitas Hatzimihail, Samantha Kahn Herrick, Daniel Jacobs, Elizabeth Papp Kamali, Amalia D. Kessler, Saskia Lettmaier, Sara McDougall, Stuart M. McManus, Elizabeth W. Mellyn, Bharath Palle, Ryan Rowberry, Carol Symes, James R. Townshend, and John Witte, Jr. See Less
Conflict of laws (Roman law) --- Law, Medieval. --- Roman law.
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The pressure to develop an intellectual property litigation framework at a supranational level is enormous. The tensions among technological change, the forces of an ever-more global market, the quest of market actors for tactical advantage and of legal actors for equitable solutions, and the ever-present imperative of the principle of economy in judicial proceedings all cry out for resolution. In the progress toward this framework, the fourteen leading authorities who have put this remarkable symposium together show that European Community law, and particularly its effect on judicial cooperation among Member States in civil and commercial matters, has led and continues to lead the way. This is the first book to emphasize the role of the judicial cooperation aspect of cross-border intellectual property litigation. Starting from European private law as it is currently evolving, the authors focus intensively on the issues surrounding such central questions as the following: How different should the treatment of IP litigation be from other transnational private activity? How different should the treatment of different IP forms be, at least from a private international law perspective? How do the answers to these questions relate to methodological shifts within the discipline of private international law itself? How should the doctrinal solutions we give integrate substantive values such as the EC basic freedoms or new ideas about the meaning of property in the context of intellectual works? What should the relationship be between the rules on jurisdiction and the rules on applicable law? How global or how distinct do we want the European legal regime in this area to be? What should be the coordination and/or allocation of competences between the various international institutions and instruments? The wide-ranging analyses presented here will contribute substantially to the establishment of a common frame of reference among intellectual property lawyers and private international lawyers, across the EU and on a global scale. For policymakers, practitioners, and academics in international IP law, this book offers food for thought for legislative projects, reviews and renews doctrines in private international law and the transnational legal treatment of intellectual property, and affirms a forward-looking dialogue on these crucial matters.
Industrial and intellectual property --- Information systems --- International law --- Conflict of laws --- Intellectual property --- Choice of law --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Civil law --- Conflict of laws - Intellectual property - European Union countries --- Intellectual property - European Union countries
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