Paul Dodenhoff writes on austerity, liberal ideology and the institutionalized oppression of the disabled in the U.
Dimitri Vanoverbeke, Narufumi Kadomatsu: The Case of Japan Narufumi Kadomatsu: Obligations to inform in private law and their limits], Dr. Eckart Buerena Research Fellow at the Max Planck Institute for Comparative and International Private Law, details the approach of the German Federal Court, critically examining the case law not only from a doctrinal perspective but also scrutinizing it under both a law-and-economics and a comparative lens.
Whether by talking on their mobile phones while travelling abroad, through misconfigured routers, or because of devices automatically connecting to the Internet, customers sometimes incur costs that are completely disproportionate to the usual costs in their contracts.
In terms of regulation, the European Union has taken various measures to enhance price transparency, strengthen competition, contain costs and regulate prices for mobile phone and internet usage through the Universal Service Directive and the Roaming Regulation.
Over time, several reforms have tightened these measures. German lawmakers first acted against the abuse of premium rate numbers through the Telecommunications Act.
Later they introduced the protective instruments of the Roaming Regulation also for domestic situations of usage. The monograph points out important gaps that remain. Eckart Bueren examines this approach from three methodological angles: Based on his findings, Bueren points to alternative solutions to cope with bill shock in German private law, especially the legislation on terms and conditions and Section of the German Civil Code usury; usurious business practices.
He argues that, as far as private law is concerned, these approaches can manage the problems in a more suitable and doctrinally harmonious way where regulation does not prevent bill shocks.
Obligations to inform in private law and their limits. Doctrinal, comparative and economic analysis. This principle has been adopted in the recent reform of the Civil Code of the Russian Federation, and it has been introduced in Russian contract law.
Eugenia Kurzynsky-Singer examines how Russian case law has dealt with this legal transplant.
The conceptual foundations of Russian private law, which numbers among the continental legal systems, are fundamentally different from the foundations of common law jurisdictions. As a general rule, this significantly complicates the reception of Anglo-American legal institutions. Nevertheless, it would appear that Russian case law, at least to a certain degree, follows a logic that resembles the English doctrine of estoppel.
As described by Eugenia Kurzynsky-Singer, the Russian courts are developing a value-oriented understanding of estoppel and are applying the principle even beyond the relevant provisions of the civil code. The unit focuses on those countries that have emerged from the former realm of the Soviet Union, addressing not only the transformation of their civil law regimes but also fostering a legal dialogue with them.
Today as well, self-regulation is an effective means offering quick and flexible solutions to challenges posed by global trade and technological advances. The topic has, unsurprisingly, met with increasing attention in international legal scholarship.
Nevertheless, the systematic evaluation and comparative assessment of self-regulation in private law scholarship is still in its infant stages.
In the current special issue of the Journal of Japanese Law, the authors illuminate the highly complex and multi-faceted phenomenon from both a scholarly and a practice-oriented perspective. The publication brings together for a first time comparative studies on self-regulation from various areas of Japanese and German private law.
Its goal is to make all areas of the Japanese legal system accessible in a comprehensive and methodologically structured manner. Self-regulation in Private Law in Japan and Germany. Holger Fleischer, Wulf Goette Eds. Initially a product of scholarship before being later adopted in case law, the so-called unbenannte Zuwendung innominate grant has never been included in the German Civil Code BGB.
However, since its invention in it has become a conceptual cornerstone within the German law regulating the property regime between spouses and cohabitees. Because of this he is considered to not really have donated the property or asset to his partner. In his article, Johannes Liebrecht demonstrates that the concept cannot be viewed as an example of efficient doctrinal development.
Neither does the innominate grant take account of all the existing interests nor does it yield any benefits in terms of ensuring legal certainty or just outcomes.
Instead, it creates an oversupply of concepts for the act of donation without leading to any relevant advantages. Accordingly, the article argues for the abandonment of the concept. Johannes Liebrecht studied law and philosophy at the University of Freiburg.
His doctoral dissertation was awarded the Hermann Conring Prize. Johannes Liebrecht has since been employed at the Institute, since as a research fellow.BibMe Free Bibliography & Citation Maker - MLA, APA, Chicago, Harvard.
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The primary objective of this article is to examine and analyse the influence of Buddhism on international law. set in contemporary British society, the show draws from and relies on the original representation of the relationship between these two men.
Throughout Sherlock, Moffat and. the employment relationship to call for deregulating labor law and to justify relocating jobs to low wage countries, this model is being used as an ideology (the liberal market ideology).
Admittedly, one’s ideology and frame of reference might involve the same underlying theory—. Employment law is the scope of law, precedents, and administrative rulings that address the legal rights and privileges of working people in the United States and other developed nations.
Employment law acts as the balance of power between an employer and their respective employees.