From Administrative Authorisation to Private Law PDF Download

Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004420851
Category : Law
Languages : en
Pages : 352

View

Book Description
This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.

Author: Martin Belov
Publisher: Routledge
ISBN: 1000707970
Category : Law
Languages : en
Pages : 189

View

Book Description
This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Author: Roman Tomasic
Publisher: Routledge
ISBN: 0429861532
Category : Law
Languages : en
Pages : 492

View

Book Description
First published in 1999, this volume provides an overview of company laws in South East Asia, North East Asia and the Pacific. The chapters adopt a standard format to allow for comparisons to be made as well as highlighting key features of company laws in each jurisdiction. The contributors are experts in their fields and present practical and policy related insights. The book also contains some useful overviews of company law themes in Asia.

Author: Philipp Kiiver
Publisher: Europa Law Publishing
ISBN: 9789089520937
Category : Law
Languages : en
Pages : 944

View

Book Description
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.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

View

Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: John Garrick
Publisher: Routledge
ISBN: 1136345019
Category : Law
Languages : en
Pages : 290

View

Book Description
This edited volume presents fresh empirical research on the emerging outcomes of China’s law reforms. The chapters examine China’s ‘going out’ policy by addressing the ways in which the underpinning legal reforms enable China to pursue its core interests and broad international responsibilities as a rising power. The contributors consider China’s civil and commercial law reforms against the economic backdrop of an outflow of Chinese capital into strategic assets outside her own borders. This movement of capital has become an intriguing phenomenon for both ongoing economic reform and its largely unheralded underpinning law reforms. The contributors ask probing questions about doing business with China and highlight the astonishing escalation of China’s outbound foreign direct investment (OFDI). Law and Policy for China's Market Socialism includes contributions from leading China-law scholars and specialist practitioners from the People’s Republic of China, Hong Kong, the United States, the United Kingdom and other countries who all extend the examination of powerful influences on China’s law reforms into new areas. Given the forecast for the growth of China’s domestic market, those wishing to gain a better understanding and seeking success in the world's most dynamic marketplace will benefit greatly from reading this book. This book is essential reading for anyone interested in Chinese economics and business, Chinese Law, Chinese politics and commercial law.

Author: Jieying Liang
Publisher:
ISBN: 1107169178
Category : Law
Languages : en
Pages : 377

View

Book Description
The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

Author: Hugh Beale
Publisher: Bloomsbury Publishing
ISBN: 1509912584
Category : Law
Languages : en
Pages : 1515

View

Book Description
This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

Author: Lisa Webley
Publisher: Oxford University Press (UK)
ISBN: 0199694567
Category : Law
Languages : en
Pages : 722

View

Book Description
'Complete Public Law' combines extracts from key primary and secondary materials with jargon-free text to provide a resource for the student new to the study of constitutional and administrative law.

Author: Jan H Dalhuisen
Publisher: Bloomsbury Publishing
ISBN: 1509949658
Category : Law
Languages : en
Pages : 485

View

Book Description
“... a wide-ranging, historically and comparatively very deep and comprehensive commentary, but which is also very contemporary and forward-looking on many or most of the issues relevant in modern transnational commercial, contract and financial transactions” (International and Comparative Law Quarterly) Volume 6 of this new edition deals with financial regulation of banks and banking activities and products. It critically reviews micro-prudential regulation, the need for macro-prudential supervision and an independent macro-prudential supervisor, the role of resolution authorities, the operation of the shadow banking system, and the extraterritorial reach and international recognition of financial regulation. The volume considers in particular the fallout from the 2008 financial crisis and the subsequent regulatory responses in the US and Europe. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.