The Digital Single Market and Legal Certainty: A Critical Analysis of the Common European Sales Law

2015 ◽  
Author(s):  
Alex Geert Castermans ◽  
Ruben de Graaff ◽  
Matthias Haentjens
2019 ◽  
Vol 16 (3) ◽  
pp. 200
Author(s):  
Gabriel Joner ◽  
Jesser Rodrigues Borges

RESUMOO presente estudo tem por objetivo, sem a pretensão de esgotar o tema, analisar o Incidente de Resolução de Demandas Repetitivas, incluído pelo Novo Código de Processo Civil de 2015, sob a ótica do denominado sistema de precedentes e, ao final, propor uma análise crítica acerca da possível “commonlawlização” do direito brasileiro. Para tanto, buscou-se breves considerações históricas acerca dos institutos da common law e da civil law, na sequência, analisou-se tais institutos sob a ótica do Código de Processo Civil de 1973 e, ao final, a sua sistematização a partir do Novo Código de Processo Civil. Os mecanismos incorporados pelo Novo Código visam a amenizar a problemática atualmente enfrentada pelo Poder Judiciário, com o objetivo de proporcionar celeridade processual e segurança jurídica. Por fim, analisa-se o Incidente de Resolução de Demandas Repetitivas, propondo uma leitura crítica do fenômeno da “commonlawlização” do direito brasileiro, apontando a necessidade de cautela em relação aos mecanismos importados do direito estrangeiro, em especial, ao Incidente de Resolução de Demandas Repetitivas, a fim de dar-lhes uma leitura conforme a Constituição Federal.Palavras-chave: Novo Código de Processo Civil. Sistema de Precedentes. Common law. Civil law. Incidente de Resolução de Demandas Repetitivas. ABSTRACTThe purpose of this study, without the pretension of exhausting the subject, is to analyze the Incident for Resolution of Repetitive Claims, included in the New Civil Procedure Code of 2015, under the perspective of the denominated precedents system and, at the end, to propose a critical analysis about the possible “communalization” of Brazilian law. ¬¬¬¬Therefore, short historical considerations were sought on the common law and civil law institutes, followed by an analysis of these institutes from the point of view of the Code of Civil Procedure of 1973 and, finally, their systematization based on the New Code of Civil Procedure. The mechanisms incorporated by the New Code aim to alleviate the problems currently faced by the Judiciary, with the objective of providing procedural expediency and legal certainty. At the end, the Repetitive Demand Incident Incident is analyzed, proposing a critical reading of the phenomenon of “commonlization” of Brazilian law, pointing out the need for caution in relation to the mechanisms imported from foreign law, especially to the Incident of Resolution of Demands Repetitive, in order to give them a reading according to the Federal Constitution.Keywords: New Civil Procedure Code. Precedents System. Common law. Civil law. Incident for Resolution of Repetitive Claims.


Author(s):  
Eva Steiner

This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable whether the new law, which was also intended to increase France's attractiveness against the background of a world market dominated by the Common Law, will keep its promise.


Author(s):  
Mischa Allen

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, suggested answers, author commentary, and advice on study skills. This introductory chapter provides an overview of the nature and complexities of the criminal law and the common features of all crimes such as actus reus, mens rea, and the defences. It outlines some techniques for achieving success in criminal law examinations. The chapter notes that to achieve success it is important to exercise good study skills from the outset and learn how to manage your time well. Relevance and structure are vital. Planning answers carefully, and providing critical analysis of the issues raised are essential.


2019 ◽  
Vol 16 (9) ◽  
pp. 3712-3716
Author(s):  
Kailash Kumar ◽  
Abdulaziz Al-Besher

This paper examines the overlapping of the results retrieved between three major search engines namely Google, Yahoo and Bing. A rigorous analysis of overlap among these search engines was conducted on 100 random queries. The overlap of first ten web page results, i.e., hundred results from each search engine and only non-sponsored results from these above major search engines were taken into consideration. Search engines have their own frequency of updates and ranking of results based on their relevance. Moreover, sponsored search advertisers are different for different search engines. Single search engine cannot index all Web pages. In this research paper, the overlapping analysis of the results were carried out between October 1, 2018 to October 31, 2018 among these major search engines namely, Google, Yahoo and Bing. A framework is built in Java to analyze the overlap among these search engines. This framework eliminates the common results and merges them in a unified list. It also uses the ranking algorithm to re-rank the search engine results and displays it back to the user.


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