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"In this advanced introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches -- on contract, tort, property, family and inheritance -- are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.
Civil law. --- Civil law --- privaatrecht --- Law, Civil --- Private law --- Roman law --- Droit civil --- Droit privé --- privaatrecht. --- Comparative law --- Droit comparé --- Droit privé
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This paper - delivered as author Jan Smits' inaugural lecture on the 2010-2011 Maastricht-HiiL Chair on the Internationalization of Law and therefore directed towards a general audience - challenges the prevailing paradigm that people's rights and obligations are primarily set by national law. The State monopoly in setting the law is rapidly being replaced by a multitude of new lawmakers, that do not only include European and supranational institutions, but also private organizations. This phenomenon leads to the normative question of how to deal with this emerging post-national private law. T
Civil law --- Law, Civil --- Private law --- Roman law
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Contracts --- Mistake (Law) --- Nullity --- Performance (Law)
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In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.
Droit privé (droit européen) --- Clause attributive de juridiction --- Droit international privé --- Conflict of laws --- European law --- International private law --- Clause attributive de juridiction. --- Civil law --- Commercial law --- Persons (Law) --- Freedom of movement --- Dispute resolution (Law) --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Conflict resolution --- Dispute processing --- Dispute settlement --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Movement, Freedom of --- Civil rights --- Domicile --- Emigration and immigration law --- Industrial laws and legislation --- Labor laws and legislation --- Liberty --- Personality (Law) --- Law of persons --- Status (Law) --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Law, Civil --- Private law --- Roman law --- Choice of law --- Intermunicipal law --- International law, Private --- Private international law --- Legal polycentricity --- Law and legislation
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"Bringing together over 260 authors from 50 countries, the Elgar Encyclopedia of Comparative Law is the most comprehensive reference work in the field of comparative law. The Encyclopedia provides a unique collection of entries, written by authorities in their field, on the current state of this ever-emerging discipline. Entries provide unique insights into not only classical themes within the field but also expand the comparative method to many new topics - showing the way ahead for future scholarship. In addition, many topics are placed within a broader context, with attention given to aspects of social science, economics and anthropology. Entries are alphabetically arranged, covering topical aspects of comparative law as well as country reports addressing the world's most important jurisdictions. The Encyclopedia is an indispensable source of information for anyone dealing with comparative and international aspects of the law. Key Features: - A comprehensive range of over 225 substantive entries - Entries organised alphabetically for ease of navigation - Fully cross-referenced - Special focus on methods used in comparative scholarship - Entries written by the world's foremost scholars of comparative law - World class editorial team"--
Law --- Comparative law
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