Extinctive Prescription / On the Limitation of Actions contains sixteen national reports and the general report on the subject, written for the XIVth Congress of the International Academy of Comparative Law, held from 31 July-August, 1994, in Athens, Greece. The volume deals with limitations of actions, or extinctive prescription', as the subject is usually called in civil law jurisdictions. This is both a highly technical and a highly political topic. The book focuses on the political aspects of extinctive prescription; specifically, how long should prescription periods run, as of...
Extinctive Prescription / On the Limitation of Actions contains sixteen national reports and the general report on the subject, written for the...
Ewoud Hondius Christoph Grigoleit Hans Christoph Grigoleit
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 Geschaftsgrundlage. 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."
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstanc...
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 Geschaftsgrundlage. 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.
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstanc...
The way the law responds to death or personal injury resulting from medical treatment has changed over time. Expectations of success in medical interventions have risen. Hospitals have become more complex and use more advanced technology. This has had an impact on the liability of medical practitioners, both in generating new problems and in raising standards of expected care. While the focus is civil liability, typically either through contract or tort, this volume of essays also examines compensation systems outside private law. This topic has grown in significance since 1945. The problems...
The way the law responds to death or personal injury resulting from medical treatment has changed over time. Expectations of success in medical interv...
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common law - the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, 2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords,...
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions - as opposed to those of the common...
Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disgorged of his profits.This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law.
Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disg...