Selected National European And International Provisions From Public And Private Law

The Maastricht Collection comprises a selection of international, European, and national legal instruments and provisions that have proven to be particularly relevant and useful to students and practitioners of European and comparative law. The compilation is based on the Maastricht University Law School's longstanding expertise in teaching and researching European, international, and comparative law. The book includes codes and statutory law from France, Germany, the Netherlands, the UK, international treaties, as well as legal instruments of the European Union. The main content is divided into chapters corresponding to different areas of law, such as constitutional and administrative law, criminal law, human rights law, private international law, and private law. The provisions in The Maastricht Collection are reproduced in the original English or in the authentic English version, where applicable, or they are freshly translated under critical editorship. Many existing translations of written law, including officious translations available on government websites, often seek to turn old-fashioned or ambiguous original texts into modern and elegant English. Or, instead of translating, they seek to explain how certain terms or formulations are interpreted in practice. The Maastricht Collection remains as much as possible true to the content, style, and syntax of the original, allowing the reader to appreciate not only the substance but also the authentic form of legal sources. This fourth edition constitutes not only a revision and update of the third edition, but also comprises a number of important additions, the most prominent of which is the inclusion of the Treaty on the European Union and the Treaty on the Functioning of the European Union. Due to the significant expansion of the collection, this new edition has been divided into separate public law and private law volumes to improve the ease of use. [Subject: Comparative Law, European Law, International Law]

La 4e de couverture indique: "The Maastricht Collection comprises a selection of international, European and national legal instruments and provisions that have proven to be particularly relevant and useful to students and practitioners of European and comparative law. The compilation is based on the Maastricht University Law School's longstanding expertise in teaching and researching European, international and comparative law. It includes codes and statutory law from France, Germany, the Netherlands and the United Kingdom, international treaties, as well as legal instruments of the European Union. The main content is divided into chapters corresponding to different areas of law, such as constitutional and administrative law, criminal law, human rights law, private international law and private law. The provisions in 'The Maastricht Collection' are reproduced in the original English or in the authentic English version, where applicable, or they are freshly translated under critical editorship. Many existing translations of written law, including officious translations available on government websites, often seek to turn old-fashioned or ambiguous original texts into modern and elegant English. Or, instead of translating, they seek to explain how certain terms or formulations are interpreted in practice. 'The Maastricht Collection' remains as much as possible true to the content, style and syntax of the original, allowing the reader to appreciate not only the substance but also the authentic form of legal sources. 00This fourth edition of 'The Maastricht Collection' constitutes not only a revision and update of the third edition, but also comprises a number of important additions. The most prominent of which is the inclusion of the Treaty on the European Union and the Treaty on the Functioning of the European Union. Due to the significant expansion of the collection, this new edition has been divided into separate public law and private law volumes to improve the ease of use."

EU Private Law and the CISG examines selected EU directives in the field of private law and their effects on the national private law systems of several EU Member States and discusses certain specific concepts of the United Nations Convention on Contracts for the International Sale of Goods (CISG) in light of the CISG’s recent fortieth anniversary. The most prominent influence of EU law on national private law systems is in the area of the law of obligations, thus the book focuses on several EU private law directives that cover the issues belonging to contract and tort law, as interpreted in the case law of the Court of Justice of the EU. EU private law concepts need to be interpreted autonomously and uniformly rather than through the lens of national private law systems. The same is true for the CISG which has not only been one of the most successful instruments of the international trade law unification but had also influenced both the EU private law and domestic laws. In Part I, focused on the EU private law and its effects for national laws, chapters examine the recent Digital Content and Services Directive and its likely impact on the contract law of the UK and Ireland, the role aggressive commercial practices play in EU banking and credit legislation, the applicability of the EU private international law rules to collective redress, the unfair contract terms regime of the Late Payment Directive and its transposition into Croatian law, the implementation of the Commercial Agency Directive in Denmark, Estonia and Germany, and disgorgement of profits as remedy provided in the Trade Secrets Directive. In Part II, dealing with selected CISG issues, chapters discuss the autonomous interpretation of CISG’s concept of sale by auction and its notion of intellectual property, as well as the CISG’s principle of freedom of form and the possibility for reservations with the effect of its exclusion. The book will be of interest to legal scholars in the field of EU private law and international trade law, as well as to the students, practitioners, members of law reform bodies, and civil servants in Europe, and beyond.

The Maastricht Law Faculty is known for its outstanding expertise in the field of European and comparative law, and it attaches great importance to comparative legal studies in its teaching. National, European, and international legal provisions, which have proven to be particularly relevant in comparative legal studies, assists students, academics, and practitioners in their comparative law work. This expanded and updated second edition of the Maastricht Collection covers the areas of: constitutional law * administrative law and administrative procedure * criminal justice * European and international human rights law * property law * tort law * national and European contract law * civil procedure * private international law * company law * international business law * international tax law. For each area, a selection of important legal provisions - from France, Germany, the Netherlands, and the UK - is provided. This includes domestic constitutional and statutory provisions, provisions from international treaties, and instruments of the EU. In addition, selected sources from the US are provided. Sources are reproduced in the original English or are rendered as fresh English translations under critical editorship. Unlike many other translations, The Maastricht Collection remains true to the content, style, and syntax of the original texts. This allows the reader to appreciate, not only the substance, but also the authentic form - and the beauty - of foreign legal sources.

The Maastricht Collection comprises a broad selection of legal instruments and provisions that have proven to be particularly relevant and useful to students and practitioners of international, European, and comparative law. The compilation is based on the Maastricht University Law School's longstanding expertise in teaching and researching European, international, and comparative national law. It includes codes and statutory law from France, Germany, the Netherlands, and the United Kingdom, international treaties, as well as legal instruments of the European Union. The provisions contained in The Maastricht Collection are reproduced in the original English or in the authentic English version, where applicable, or they are freshly translated under critical editorship. Existing translations of written law, including officious translations available on government websites, often seek to turn old-fashioned or ambiguous original texts into modern and elegant English. Or, instead of translating, they seek to explain how certain terms and formulations are interpreted in practice. The translations in The Maastricht Collection remain as faithful as possible to the content and linguistic style of the original, thus allowing the reader not only to appreciate the substance but also the authentic form of legal sources. The fifth edition of The Maastricht Collection constitutes not only a full revision and update of the fourth edition, but also comprises many important additions, aiming to further enhance its value as a resource in teaching and research. Due to the significant expansion of the collection, this new edition has been divided into four reader-friendly volumes: Vol. I - International and European Law (ISBN 9789089521941); Vol. II - Comparative Public Law (ISBN 9789089521958); Vol. III - International and European Private Law (ISBN 9789089521965); Vol. IV - Comparative Private Law (ISBN 9789089521972) [Subject: European Law, Comparative Law, International Law, Public Law, Private Law]

The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.

In twelve topical papers, written by renowned experts in distinct areas of the law, the reader will find out how private law and private international law instruments can serve public policy goals (such as the protection of the environment, product safety or services of general economic interest) and how these instruments interact with regulation in the proper sense. A must for those who want to explore the borderline if it exists between public and private law in the EU. Jules Stuyck, Leuven University, Belgium In the context of the current debate on the desirability and process of forming European private law (EPL), this book considers one fundamental question addressing its descriptive and normative dimension: does and should EPL pursue regulatory objectives beyond market integration? The editors argue that because national categories are of little help in grasping the characteristics of a multi-level regulatory system, it is necessary to link three perspectives: private law, regulation and conflict of laws. This book explores this interaction in four distinct fields: product liability, environmental protection, public utilities and e-commerce. The results show that EPL is highly regulatory and that the implications of this change have not been adequately considered by institutions and by scholars. The Regulatory Function of European Private Law will be of great interest to academics of law, as well as to private and public lawyers and European policymakers.

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.