scholarly journals Jürgen Basedow. EU Private Law: Anatomy of a Growing Legal Order

2021 ◽  
Vol 13 (2) ◽  
pp. 1107-1110
Author(s):  
Alfonso-Luis Calvo Caravaca ◽  
Javier Carrascosa González
Keyword(s):  
Legal Order ◽  
Private Law

Este artículo reseña: Jürgen Basedow. EU Private Law: Anatomy of a Growing Legal Order. Cambridge, Intersentia, 2021, cxxvii + 785 p. ISBN: 978-1-83970-121-4.

scholarly journals Integration of Transylvania into Romania from the Perspective of Private Law (1918−1945)

2021 ◽  
Vol 9 (2) ◽  
pp. 347-361
Author(s):  
Emőd Veress
Keyword(s):  
Second World War ◽  
Legal Order ◽  
Historical Period ◽  
Private Law ◽  
World War ◽  
Old Kingdom ◽  
The First World War ◽  
History Of ◽  
Second World ◽  
First World

In the following study, we present the legal history of Transylvania following the unification of this territory with Romania at the end of the First World War, and until the installation in Romania of the Soviet-type dictatorship. The heterogeneity of the Romanian legal system resulting from the country’s territorial gains is discussed as well as the various attempts at integrating Transylvanian law into the nascent legal order of Greater Romania. We also present the short interregnum in which Hungarian private law was again applied between 1940 and 1944. The Romanian legislator, facing the imperative necessity of creating a unified national legal order, had the choice of two paths: extend the already outdated laws of the Old Kingdom of Romania to the newly acquired territories or adopt new unitary laws. Both paths were taken depending on the field of law and the historical period concerned, as presented. Finally, the legislator opted for the extension of the laws of the Old Kingdom at the end of the Second World War, even in fields where better-quality norms were enacted during the reign of King Carol II but were never implemented.

The Construction of the Rebus Sic Stantibus Clause in International LawException, Rule, or Remote Spectator?

2020 ◽  
pp. 274-284
Author(s):  
Robert Kolb
Keyword(s):  
International Law ◽  
Legal Order ◽  
Vienna Convention ◽  
Private Law ◽  
Fundamental Change ◽  
The Third ◽  
First Case ◽  
The Law

This chapter attempts to shed some light on the rule-exception scheme through the lens of the doctrine of fundamental change of circumstances in international law. In classical international law, the doctrine was considered either as non-existent, or under the guise of private law analogies or specially construed for the purposes of international law. The extent of the ‘exception’ to the ordinary law wrought by the clause was different in the context of these three versions: nought in the first case, related to specific treaties in the second, related to the entire legal order in the third. With the Vienna Convention on the Law of Treaties (VCLT) codification of 1969, the reach of the doctrine was reduced to an extremely narrowly tailored treaty-exception. Since then, the doctrine has rarely been invoked—even more rarely with success—in international litigation. The inroad of that exception has thus been progressively narrowed, if not extinguished.

ASPECTS OF CHINESE LEGAL CULTURE – THE ARTICULATION OF WRITTEN LAW, STATE, AND SOCIETY: A REVIEW (PART TWO). PRIVATE LAW AND PRIVATE LAWYERS: A DISCUSSION ON THE “FIELDS” OF LAW

2008 ◽  
Vol 5 (1) ◽  
pp. 71-86
Author(s):  
Jérôme Bourgon
Keyword(s):  
Legal Culture ◽  
Legal Order ◽  
Private Law ◽  
Asian Studies ◽  
Chinese Law ◽  
State And Society ◽  
History Of ◽  
Present Part ◽  
Written Law

AbstractThe International Journal of Asian Studies has published four seminal articles by Japanese scholars of the history of Chinese law (2004–2007). In the first part of his review and analysis of the series (see IJAS 4:2, 2007), Jérôme Bourgon dealt in the main with the work of Shigeo Nakamura and Osamu Takamizawa. In the present part he concludes his discussion with an examination of the remaining articles, “The Nature of Social Agreements (yue) in the Legal Order of Ming and Qing China” by Hiroaki Terada and “Litigation Masters and the Litigation System of Ming and Qing China” by Susumu Fuma.

SAVREMENA USLUŽNA PRAVILA I VLADAVINA PRAVA

2021 ◽  
Author(s):  
Snežana Miladinović Drobnič ◽  
Keyword(s):  
Rule Of Law ◽  
Research Study ◽  
State Power ◽  
Human Security ◽  
Legal Order ◽  
Frame Of Reference ◽  
Private Law ◽  
The Rule Of Law ◽  
Legal Restrictions ◽  
Common Frame Of Reference

In this research study, the author is dealing with the contemporary service rules in the light of the idea of the rule of law. The rule of law, as Kosta Čavoški says, is "a meta-legal idea of a valid legal order that, through detailed and permanent legal restrictions of state power, appropriate properties of law and reliable institutional guarantees, most ensures human security and freedom." In this paper, the author is dealing with the concept of the rule of law and the principles on which it is based, and then analyzes the principles on which modern service rules are based. We have paid special attention to the service rules contained in the Services Directive and the Draft Common Frame of Reference for Private Law.

Source of Concern or Room for Experimentation?

2016 ◽  
Vol 3 (2) ◽  
pp. 187-223
Author(s):  
Esther van Schagen
Keyword(s):  
Legal Order ◽  
Private Law ◽  
Constitutional Principle ◽  
Starting Point ◽  
State Actors ◽  
Private Autonomy ◽  
Consistent Approach

State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights. Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order.

7 The Applicable Law in International Financial Disputes

2015 ◽  
Author(s):  
Dalhuisen Jan H
Keyword(s):  
Public Policy ◽  
International Finance ◽  
Building Blocks ◽  
Legal Order ◽  
Private Law ◽  
Financial Instruments ◽  
International Arbitration ◽  
Applicable Law ◽  
Financial Transactions

This chapter discusses the following topics: challenges concerning the applicable law in international financial transactions; the powers of international arbitrators, the delocalization issue, the emergence of a transnational commercial and financial legal order and its meaning for international arbitration and applicable law; the operation of transnational private law; the building-blocks of private law in international finance; public policy concerning financial instruments; and the applicable law clause in the P.R.I.M.E. Finance arbitration rules.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

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