Komparativ rätt

This is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of "external constituencies" without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.

Komparativ konstitutionell rätt som ämne och metod är här för att stanna. Få juridiska problem är i dag renodlat nationella till sin karaktär och lösning. Vi lever i en tid av globalisering och gränsöverskridande samarbete. I denna bok ges en introduktion till den komparativa konstitutionella rättens teoretiska och metodologiska utmaningar. EU-rättens förhållande till komparativ konstitutionell rätt behandlas ingående i ett särskilt kapitel. Därutöver behandlas nio olika konstitutionella system: Sveriges, Finlands, Tysklands, Frankrikes, Det förenade kungarikets, Turkiets, Rysslands, USA:s och Kinas. Boken är relevant för såväl juridikstuderande som statsvetare med ett intresse för jämförande politik, praktiserande jurister i behov av en introduktion till komparativ konstitutionell rätt och ingång till olika främmande rättssystem, och övriga med ett intresse för och behov av komparativ rätt.

Comparative Law offers a thorough grounding in the subject for students and scholars alike, covering essential academic discussions and comparative law methodology. It critically debates both traditional and modern approaches to the discipline and uses examples from a range of jurisdictions to give the reader a truly global perspective. Its contextualised and interdisciplinary approach draws on examples from politics, economics and other social sciences to provide an original contribution to topics of comparative law. This new third edition is fully revised to reflect developments in the scholarship and includes two new chapters, balancing the book's structure between comparative law of the past, present and future. Suitable for students taking courses in comparative law and related fields, this book offers a fresh and cosmopolitan perspective on the subject.

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU ‘landmark’ cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today.Volume 1 explores the ‘constitutional’ cases that have come to define the legal nature and competences of the Union, its judicial architecture as well as its fundamental rights system. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards.This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

What effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements.From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone’s lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement.Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation?Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.

Countries around the world are facing pressing needs to enhance financial planning mechanisms for individuals with cognitive impairment. The book provides the first comparative study of the three most common of such mechanisms in Asia and the West, namely guardianship, enduring/lasting powers of attorney, and special needs trusts. It involves not only scholarly overviews of the mechanisms in the jurisdictions studied, but also thorough, structured and critical reviews of their operational experiences. This book will have broad appeal to scholars, students, law and policy makers and practitioners in the fields of mental disability, healthcare and elder law. It is widely recognised in the field that books like this one are needed. This book will also be of interest to undergraduate and graduate students in mental health, disability law and elder law.

A compelling explanation of how the law shapes the distribution of wealthWhat is it that transforms a simple object, an idea, or a promise to pay into an asset that creates wealth? Katharina Pistor explains how, behind closed doors in the offices of private attorneys, capital is created—and why this little-known activity is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the various ways that debt, complex financial products, and other assets are selectively coded to protect and reproduce private wealth. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it.

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage.Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012 - absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

This fourth volume in the Comparative Succession Law series provides a historical and comparative study of how and by whom the estates of deceased persons are administered, drawing upon the legal traditions of Europe and beyond. When a person dies, their assets (or their value) will transfer to those entitled to inherit them following the deceased's will or, in the absence of a will, according to the rules of intestate succession. Along the way, the assets have to be identified, located, collected in, and safeguarded. Debts owed by the deceased or arising from the death must likewise be identified and then met (if need be, with the proceeds from a sale of estate assets). The whole process by which this is done, from the time of the death until the time of final distribution of the assets to those entitled to receive them, is the subject of Administration of Estates. The topic has sometimes been neglected even within national legal systems, and systematic comparative analysis, at least in the English language, is almost wholly lacking. The volume thus seeks to fill an important gap in the field of comparative succession law.Focusing on the legal systems of Europe and on countries which have been influenced by the European experience, the volume examines the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Russia, Scotland, and Spain, as well as presenting chapters on Australia and New Zealand, Canada, China, South Africa, South America, and the United States of America. The historical background to the main legal traditions in Europe is represented by chapters on Roman law, the customary law of early-modern Continental Europe, and English law before 1837.

French Constitutional Law provides the first systematic presentation in English of judicial review of legislation in contemporary France. Created by the Constitution of the Fifth Republic in 1958, the Conseil Constitutionnel has had an increasingly important place in French legal and political life, especially since 1981. Part One of the book is an introduction to the Conseil and to the principles it has developed on the allocation of law-making powers between Parliament and the Government, parliamentary procedure, fundamental freedoms, and equality. Part Two is a collection of key materials translated into English, including constitutional texts and leading decisions of the Conseil Constitutionnel.

Comparative Reflections in Private Law celebrates the scholarly legacy of Professor Simon Whittaker, whose work has left a profound mark on the field of comparative law. Reflecting the breadth and depth of his influence, the volume brings together leading scholars to explore central themes in private law from a comparative perspective. The volume is split into three distinct parts. The first part of the volume focuses on contract law, examining topics ranging from defects in the formation of a contract, interpretation, illegality, the doctrine of change of circumstances, and remedies. These chapters reflect Whittaker's commitment to doctrinal precision, analytical depth, and the value of comparative law as a means of understanding other legal traditions and re-examining one's own with a fresh perspective. The second part turns to tort law, with contributions exploring topics such as the role of violation of a right, the concept of foreseeability, the justifications for the non-recoverability of pure economic loss, and the treatment of illegality in product liability. These essays engage critically with fundamental concepts while also offering comparative insights into the functions and structure of tort law, an approach that reflects Whittaker's distinctive ability to draw deep connections between legal systems, both in their doctrinal rules and in the principles and goals that underpin them. The final part of the volume turns to private law intersections, addressing challenges that cut across traditional boundaries, such as the doctrine of the subsidiarity of unjustified enrichment and the difficulty of devising harmonized contract law in the European Union from the plurality of laws and languages of the Member States. Taken together, the contributions included in this volume highlight the distinctive blend of intellectual rigour, curiosity, and openness to both tradition and innovation, which has so distinctively characterized Simon Whittaker's scholarship.

Can the law keep up with AI? This book examines liability and regulation for artificial intelligence causing serious physical harm, both now and in the future.While AI moves quickly, regulation follows more slowly – an increasing problem for an evolutionary, fast-paced emerging technology. AI has the potential to save lives, but in doing so will have the potential to take them as well. How do we future-proof law and regulation to incentivise life-saving innovation as safely as possible?This book details how to regulate AI in high-risk civil applications (for example, automated vehicles and medicine), addressing both liability and regulatory structure. It highlights crucial liability themes for technology governance; provides tools to bridge the gap between regulators and technologists; examines jurisdictional approaches to AI regulation in the EU, UK, USA, and Singapore; and ultimately suggests a jurisdiction-agnostic blueprint for regulation.

Historically, likelihood of confusion has been the core infringement test for trade mark law, and it remains the most frequently applied test in infringement actions by far. However, there are noticeable differences in how it is applied by the Court of Justice of the European Union (CJEU), the General Court, and national courts; and questionable outcomes when it is applied in novel situations.This book is the first comprehensive and systematic account of the confusion test within the harmonised European trade mark system. It considers how the test is applied by national trade mark registries across EU member states, by the European Union Intellectual Property Office (EUIPO), by national courts, and by the CJEU. It offers practical guidance, while also evaluating the viability of more recent developments such as initial-interest confusion, post-sale confusion and consumer responses to uses of trade marks on the internet. The book analyses three distinct strata of legal doctrine: the decisions of the CJEU, including the General Court; the extensive body of decisions by EUIPO; and the application of harmonised trade mark law by courts of member states, focusing on leading decisions as well as wayward ones. It also draws upon the legal position in the US to illuminate these issues.

The Hague Child Abduction Convention has proved to be one of the most widely ratified treaties ever agreed at the Hague Conference on Private International Law. This book provides a much needed systematic analysis of the way in which the Convention has been applied in England and Scotland, with extensive reference to the case law of Australia, Canada, France, New Zealand and the United States. All the key provisions and terms of the Convention are thoroughly explored. The book also provides broader insights into the role of the Hague Conference and the use of habitual residence as a correcting factor. The aim of the Oxford Monographs in Private International Law series, edited by Peter Carter QC, is to publish works of quality and originality in a number of important areas of private international law. The series in intended for both scholarly and practitioner readers.

Adopting a comparative approach, this incisive book brings together leading experts to analyse the regulation of parenthood across the globe. It explores the ongoing re-examination of the law of parenthood in light of societal and medical advances, providing a detailed guide on how the law is responding to new and emerging challenges and how it has developed to adapt to modern family forms.Key Features:In-depth discussion of case law and legislation across jurisdictionsRigorous coverage of the impact of changing family norms on legal systemsComparative analysis of 21 jurisdictions across Africa, Asia, Europe, the Americas, the Middle East and OceaniaConsideration of medical advances such as artificial reproductive technologies and their impact on traditional concepts of the family and related legal principlesThe Law of Parenthood is an important tool for legal professionals in the field of international family law in need of a comprehensive and accessible guide to the laws of parenthood across jurisdictions. Academics and students of comparative law, family law and private international law will also benefit from the book’s theoretical insights.

From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU ''landmark'' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today.Volume 2 explores the ''substantive'' cases that have shaped the Union''s internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.

The Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.

The American legal system today is the most significant in the world, yet until the publication of Fundamentals of American Law, there has been no book that provides both the basic rules on the theoretical understanding necessary to comprehend. This book is not simply the work of a single author, but a collection of especially written essays, each by an expert in the field, all of whom are on the faculty of New York University School of Law, which is recognized as one of the elite law schools in America and which offers this book as an element of its unique Global Law School Programme.The book is written specifically for foreign lawyers and law students who have a need to deal with American Law generally, but are not seeking to become specialists in any one area. For them, it is vital to understand the basic principles of a wide range of American legal fields so they can act as informed intermediaries between their public or private clients and their American counterparts. The book not only provides the reader with a solid foundation in American law, but will also serve as a basic reference book for the fundamentals, even as some of the details change over the years.Although initially conceived to fill a void for foreign lawyers, the book is also ideally suited for others who have a significant need to understand the basic principles of American Law and to interact with American lawyers. For this reason it will be an ideal course text for students of business, accountancy, political science, or public administration, where the enquiring student will constantly find intersections with the law.The book is more than a compendium of legal principles. Each chapter explains not only what the law is, but why it is that way. It sets forth the policy considerations in institutional factors that produce a particular law so the reader can make an independent judgement about its wisdom and perhaps its adaptibility to other cultures.

This third edition of the modern classic Zweigert & Kötz's Introduction to Comparative Law is fully revised and updated, but its familiar structure and easy style remain the same. The book first discusses the nature of Comparative Law, its functions, aims, methods and history, and then it surveys the main features of the major legal families of the world. In the second part it provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches and solutions of the major legal systems. As well as offering an excellent grounding in comparative private law, this book is an essential base for further research.

Fri rörlighet för arbetstagare/personer och deras familjemedlemmar är grundläggande i EU-rätten. I artikel 48 i fördraget om Europeiska unionens funktionssätt (FEUF) ges EU befogenhet att vidta åtgärder för att koordinera, samordna, de olika nationella sociala trygghetssystemen inom EU. Förordning 1408/71 och dess ersättare förordning 883/2004 innehåller koordineringsprinciper som ska se till att migrerande personer och deras familjer inte förlorar sociala trygghetsförmåner, såsom föräldrapenning, när de förflyttar sig över gränserna. Att medlemsländerna behåller självbestämmanderätten över sina socialförsäkringssystem medför dock en rad problem när det gäller att fastställa vilket land som faktiskt har ansvaret för att utge förmåner till migrerande personer. EU-domstolens tendens att tolka sekundärratten i ljuset av de allmänna fördragsbestämmelserna om fri rörlighet för arbetstagare och unionsmedborgare i artiklarna 45 och 21 FEUF har gjort det än svårare att dra gränserna för denna självbestämmanderätt. I den svenska kontexten har särskilda tillämpningsproblem uppkommit i förhållande till föräldrapenningen. Förutom de ovan nämnda problemen visar nämligen den normativa analys som görs i avhandlingen att föräldrapenningens struktur är svår att förena med sekundärrättens uppdelning mellan familjeförmåner och förmåner vid moderskap/faderskap. Synen på familjen skiljer sig också åt i det EU-rättsliga respektive det svenska systemet. Samtliga dessa aspekter försvårar den fria rörligheten för familjer. I boken undersöks den svenska föräldrapenningens relation till de EU-rättsliga principerna om fri rörlighet för arbetstagare och unionsmedborgare i allmänhet och koordinering av social trygghet i synnerhet. Genom en djuplodande analys av bl.a. EU-domstolens omfattande praxis på detta område framkommer även generella slutsatser som gäller socialförsäkring och fri rörlighet i ett större perspektiv. Emma Holm är verksam vid Juridiska fakulteten vid Lunds universitet.

Since the Cold War ended, China has become a global symbol of disregard for human rights, while the United States has positioned itself as the world’s chief exporter of the rule of law. How did lawlessness become an axiom about Chineseness rather than a fact needing to be verified empirically, and how did the United States assume the mantle of law’s universal appeal? In a series of wide-ranging inquiries, Teemu Ruskola investigates the history of “legal Orientalism”: a set of globally circulating narratives about what law is and who has it. For example, why is China said not to have a history of corporate law, as a way of explaining its “failure” to develop capitalism on its own? Ruskola shows how a European tradition of philosophical prejudices about Chinese law developed into a distinctively American ideology of empire, influential to this day.The first Sino-U.S. treaty in 1844 authorized the extraterritorial application of American law in a putatively lawless China. A kind of legal imperialism, this practice long predated U.S. territorial colonialism after the Spanish-American War in 1898, and found its fullest expression in an American district court’s jurisdiction over the “District of China.” With urgent contemporary implications, legal Orientalism lives on in the enduring damage wrought on the U.S. Constitution by late nineteenth-century anti-Chinese immigration laws, and in the self-Orientalizing reforms of Chinese law today. In the global politics of trade and human rights, legal Orientalism continues to shape modern subjectivities, institutions, and geopolitics in powerful and unacknowledged ways.

For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage.Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

This book discusses prominent and controversial gender-related issues across the fields of family law, tort law, labour law, civil procedure law, ADR and private international law. An important critical assumption made by the authors is that the gender equality perspective has been largely neglected in several branches of private law, since scholars researching the intersection between gender and legal studies are mostly focused on public law and human rights law. In light of that, the book contributes not only to the deconstruction of gender-blind private law, but also to the development of a gender-competent analysis of the key branches of private law, starting with private international law.Gender perspective in family law is analyzed on the basis of gendered and heteronormative operations of family law with reference to the formation of legally recognized relationships, the establishment of legal parenthood, the division of marital property after a divorce, and the arrangements for post-separation parenting. Also, regulation of family matters in Indian society and the gender equality perspective from the principle of the child’s best interest are considered. As far as tort law is concerned, the book addresses compensation for damages suffered by women performing unpaid household work. Further, it contains papers dedicated to the following labour law issues: the genesis of labor law and its capacity to contribute either to worsening gender inequality in the world of work or to promoting gender equality; gender segregation in the labour market and its connection to family-friendly policies in the European Union; sexual harassment at work; and the impact of work digitalization on gender-related labour law issues. Lastly, the authors analyze gender equality in civil procedural law, as well as in mediation as a tool for encouraging the peaceful settlement of disputes. The book is intended to improve awareness of the wide range of private law issues that are important for understanding the ways in which gender inequality shapes everyday experiences, while also presenting critical considerations of the key private law instruments for achieving gender equality.

Reflecting the most recent changes in the law, the third edition of this popular textbook provides a fully updated, comparative introduction to the law of contract. Accessible and clear, it is perfectly pitched for international students and courses with a global outlook. Jan Smits’ unique approach treats contract law as a discipline that can be studied on the basis of common principles and methods without being tied to a particular jurisdiction or legal culture. He puts contract law in context by discussing empirical and economic insights. Notable updates include the consequences of Brexit, the implementation of new European directives 1999/770 and 2019/771 as well as coverage of the effect of COVID-19 on contracts.Key features of the third edition include:Introduces key principles by comparing solutions from different jurisdictions, illustrating for students the international nature and substance of contract lawDraws from a wide variety of sources including German, English, French and Dutch law, European and international instruments, and examples from Central and Eastern Europe and Islamic contract law, making this an ideal textbook for students across Europe and beyondFocuses on legal method as well as substantive lawAttractive and accessible design with text boxes, colour and graphics to help students navigate easily and identify key information.With its innovative approach and engaging design, this textbook has proved an essential companion to introductory courses on contract law across a multitude of jurisdictions.

This book examines delisting — and the difficult questions it raises around investor protection — from the perspectives of the company, shareholders, trading venues, and supervisory authorities. Delisting is analysed with a view to finding common ground in the EU, and exploring whether delisting should be part of the EU project of a Capital Markets Union. In order to answer the question of harmonisation at the European level, the book also considers approaches in jurisdictions outside Europe. In particular, the book looks at the legal situation in Australia, Hong Kong, India, South America and the USA. Offering a comprehensive and authoritative discussion of the major questions for listed companies who want to go private, the book will be of great interest to academics, lawmakers, supervisors, lawyers and judges.The book's companion website (bloomsbury.pub/delisting-stock-corporations) provides access to reports and questionnaires on specific EU member states.