Studies in the History of Private Law – serie
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11 produkter
11 produkter
Specific Performance in German, French and Dutch Law in the Nineteenth Century
Remedies in an Age of Fundamental Rights and Industrialisation
Inbunden, Engelska, 2011
3 001 kr
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The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations. Studies in the History of Private Law, vol. 2
From Industrial to Legal Standardization, 1871-1914
Transnational Insurance Law and the Great San Francisco Earthquake
Inbunden, Engelska, 2011
2 523 kr
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At the end of the 19th century, internationalisation and standardisation fundamentally changed business law. More and more industries such as insurance, transport, wholesale and finance used standard contracts and clauses for international transactions. An impressive example of this development was the reaction of the insurance industry to the earthquake and inflagration of San Francisco in 1906. At once, a global discourse on the economic, technical and legal consequences arose; in the meantime, a small group of powerful reinsurance managers developed a strict exclusionary clause intended for worldwide application. Fire insurers in many countries adopted this "earthquake clause", while others refused it. Germany, California and Italy - where the earthquake of Messina in 1908 led to a legal turn - are paradigmatic examples of these reactions. Beyond this case study, the author discusses the novel phenomenon of international standard contracts and clauses from a theoretical perspective.
Chinese Cornerstone of Modern Banking
The Canton Guaranty System and the Origins of Bank Deposit Insurance 1780-1933
Inbunden, Engelska, 2014
2 451 kr
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Modern bank insurance is traced to its roots in The Chinese Cornerstone of Modern Banking: The Canton Guaranty System and the Origins of Bank Deposit Insurance 1780-1933. Frederic Delano Grant, Jr. provides new understandings of the Canton System, collective responsibility for debt at Canton, and the history of deposit insurance.The Canton Guaranty System inspired radical reform in New York in 1829 – the ancestor of all modern deposit insurance. Yet it was never the success imagined, and soon failed. In the Opium War, the Chinese government as implicit guarantor was forced to pay its debts in full on 23 July 1843. The afflictions of the Chinese system, including moral hazard, too big to fail, and unenforced laws, remain familiar today.
3 040 kr
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Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
National Socialist Family Law
The Influence of National Socialism on Marriage and Divorce Law in Germany and the Netherlands
Inbunden, Engelska, 2014
3 081 kr
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In National Socialist Family Law, Mariken Lenaerts analyses the possible influence of National Socialism on marriage and divorce law in Germany and the Netherlands. As the family was regarded the germ-cell of the nation, the Nazis made many changes in German and Dutch marriage and divorce law to suit their purpose of a thousand-year Aryan Reich. By making extensive use of archival resources, Mariken Lenaerts gives an overview of the most important changes adopted in marriage and divorce law by the Nazis and proves that although daily marital life in both countries was highly influenced by National Socialism, marriage and divorce law did not become National Socialist.Listen to Lenaerts explaining about her project: https://www.youtube.com/watch?v=TINKR6xKyUQ.In 2013 the book was awarded the Prix Fondation Auschwitz – Jacques Rozenberg.
3 403 kr
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This book is the first monograph to analyse the workings of Scotland’s legal profession in its early modern European context. It is a comprehensive survey of lawyers working in the local and central courts; investigating how they interacted with their clients and with each other, the legal principles governing ethical practice, and how they fulfilled a social role through providing free services to the poor and also services to town councils and other corporations. Based heavily on a wide range of archival sources, and reflecting the contemporary importance of local societies of lawyers, John Finlay offers a groundbreaking yet accessible study of the eighteenth-century legal profession which adds a new dimension to our knowledge of Enlightenment Scotland.
Protectors of Indians in the Royal Audience of Lima
History, Careers and Legal Culture, 1575-1775
Inbunden, Engelska, 2016
2 405 kr
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In The Protectors of Indians in the Royal Audience of Lima: History, Careers and Legal Culture, 1575-1775 Mauricio Novoa offers an account of the institution that developed in the vice-royalty of Peru for the protection of Indians before the high courts of justice. Making use of historical materials, Novoa provides a comprehensive view on the formation of the legal elite in Lima during the colonial period; reviews the litigation undertaken by indigenous plaintiffs, and explains the legal culture that allowed the development of juristic doctrine around the Indian personal status.
Ownership Paradigms in American Civil Law Jurisdictions
Manifestations of the Shifts in the Legislation of Louisiana, Chile, and Argentina (16th-20th Centuries)
Inbunden, Engelska, 2017
2 214 kr
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In Ownership Paradigms in American Civil Law Jurisdictions Agustín Parise assists in identifying the transformations experienced in the legislation dealing with ownership in the Americas, thereby showing that current understandings are not uncontested dogmas. This book is the result of research undertaken on both sides of the Atlantic, and covers the 16th to 20th centuries. Agustín Parise offers readers a journey across time and space, by studying three American civil law jurisdictions in three successive time periods. His book first highlights the added value that comparative legal historical studies may bring to Europe and the Americas. It then addresses, in chronological order, the three ownership paradigms (i.e., Allocation, Liberal, and Social Function) that he claims have developed in the Americas.
Company in Law and Practice: Did Size Matter? (Middle Ages-Nineteenth Century)
Inbunden, Engelska, 2017
1 748 kr
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This volume brings together nine chapters by specialist legal historians that address the topic of the scale and size of companies, in both legal and economic history. The bundled texts cover different periods, from the Middle Ages, the Early Modern Period, to the nineteenth century. They analyse the historical development of basic features of present-day corporations and of other company types, among them the general and limited partnership. These features include limited liability and legal personality. A detailed overview is offered of how legal concepts and mercantile practice interacted, leading up to the corporate characteristics that are so important today. Contributors are: Anja Amend-Traut, Luisa Brunori, Dave De ruysscher, Stefania Gialdroni, Ulla Kypta, Bart Lambert, Annamaria Monti, Carlos Petit, and Bram Van Hofstraeten.
Understanding the Sources of Early Modern and Modern Commercial Law
Courts, Statutes, Contracts, and Legal Scholarship
Inbunden, Engelska, 2018
2 746 kr
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The contributions of Understanding the Sources of Early Modern and Modern Commercial Law: Courts, Statutes, Contracts, and Legal Scholarship show the wealth of sources which historians of commercial law use to approach their subject. Depending on the subject, historical research on mercantile law must be ready to open up to different approaches and sources in a truly imaginative and interdisciplinary way. This, more than many other branches of law, has always been largely non-state law. Normative, ‘official’, sources are important in commercial law as well, but other sources are often needed to complement them. The articles of the volume present an excellent assemblage of those sources. Anja Amend-Traut, Albrecht Cordes, Serge Dauchy, Dave De ruysscher, Olivier Descamps, Ricardo Galliano Court, Eberhard Isenmann, Mia Korpiola, Peter Oestmann, Heikki Pihlajamäki, Edouard Richard, Margrit Schulte Beerbühl, Guido Rossi, Bram Van Hofstraeten, Boudewijn Sirks, Alain Wijffels, and Justyna Wubs-Mrozewicz.
Theologians and Contract Law
The Moral Transformation of the Ius Commune (ca. 1500-1650)
Häftad, Engelska, 2023
1 017 kr
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The Roman legal tradition is the ancestor of modern contract law but there is no agreement as to how and when a general law of contract emerged. Wim Decock’s thesis is that an important step in this evolution was taken by theologians in the sixteenth and seventeenth centuries. They transformed the Roman legal tradition (ius commune) by insisting on the moral foundations of contract law. Theologians emphasized that the enforceability of contracts is based on voluntary consent and that a contract should not enrich one party at another's expense. While their main concern was the salvation of souls, theologians played a key role in the development of a systematic contract law in which the founding principles were freedom and fairness.Theologians and Contract Law is winner of the Heinz Maier-Leibnitz-Preis 2014 (German Research Foundation) as well as the Raymond Derine Prijs 2012 (Raymond Derine PhD Prize) and the ASL-Prijs Humane Wetenschappen 2012 (ASL Award for Humanities 2012) by the Academische Stichting Leuven. Decock's book is also awarded the "Juristisches Buch des Jahres" (Law book of the year) by Neue Juristische Wochenschrift (47/2013: 3420).