In the pursuit of justice, truth always plays a prominent role. Few, if any, legal systems are willing to waive the right to claim that the results of their legal processes are fair, just, and, above all, based on the truth. In most legal systems, elaborate rules on the taking of evidence try to guarantee that an accurate factual basis is used for the application of the law. Such rules are the core of most methods of adjudication and they are the main theme of this book, which focuses specifically on the rules of evidence within the context of efficiency in civil proceedings. Apart from the...

The European acquis communautaire in the field of property law is to a large extent still unexplored. This book shines a light on EU property law, providing an overview of the existing acquis communautaire in property law, and presenting a proposal for the future development of this field of law. It deals with the influence of the EU's four freedoms - of goods, persons, services, and capital - on national property law, and it discusses whether or not the EU would have the competence to actively create property law, as well as the extent to which it has already done so. By conducting an...

This book on legal education is based upon many of author Aalt Willem Heringa's experiences as a professor and dean. Heringa has noted that there is relatively little literature and research about legal education and felt it was necessary to discuss the present state. The book focuses on many issues, such as teaching itself, employability, the mission and focus of law schools, the future of law schools in this age of internationalization, student intake, the link with the labor markets, as well as many other issues. One of the conclusions drawn is that law schools will have to seek their own...

This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands, and England/Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons in criminal proceedings: the right to interpretation and translation, the right to information and the letter of rights, and the right to legal assistance before and during police interrogation. In order to examine how these procedural rights operate in practice, the book's authors spent two to five months in eight...

This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because providing equal remedies for all breaches of contract threatens parties' trust in the law of contract. This statement should be reflected in the law of remedies in contract. The box of remedies available to the victim of deliberate breach of contract should be designed accordingly. In general, the book argues that the victim of...

In November 2012, the Young Property Lawyers Forum (YPLF) met in Stellenbosch, South Africa for the Forum's third gathering. It is an informal network that brings together young property law researchers from around the world and enables them to discuss their work with each other and with more experienced researchers. On this occasion, a special Master Class was held after the YPLF in which some of the world's leading property law scholars presented their research. This book contains selected contributions from the third YPLF and the YPLF Masterclass 2012. It offers new perspectives on...

In the world of business, risk taking contributes to innovation. Yet, excessive risk taking is also associated with corporate failure. Many researchers have analyzed the relationship between personal liability rules of managers and excessive risk taking, and in this context, it has been often argued that insurance against personal liability of the director(s)/officer(s) (also known as D&O insurance) would weaken the manager's incentive to take care. However, little is actually known about the workings and effects of D&O insurance. This book analyzes how D&O insurance should work ideally and...