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This Handbook on Spanish Civil Patrimonial Law is a concise and accurate introduction to Spanish Civil Law. It is especially interesting for students in degrees with an economic content (Business Administration, Economics, Accounting and Finance, Tourism, etc.). It is a basic text for students and teachers in the bilingual studies. It gives a general overview of the Spanish Civil Law, focusing on the economic aspects of the legal relations and institutions. That is, the Handbook not only refers to patrimonial matters, but it also gives a basic knowledge of the pillars of Civil Law. The person, the Law of obligations, the Law of contracts, non-contractual liability, rights in rem and even family and succession law are studied herein. But not only is this Handbook interesting for students. Its clarity and preciseness make of it a perfect tool for businessmen and lawyers with foreign clients. This Handbook is a work which accurateness and quality can be relied upon in the daily business practice.
This Handbook on Spanish Civil Patrimonial Law is a concise and accurate introduction to Spanish Civil Law. It is especially interesting for students in degrees with an economic content (Business Administration, Economics, Accounting and Finance, Tourism, etc. It is a basic test for students and teachers in the bilingual studies. It gives a general overview of the Spanish Civil Law, focusing on the on the economic aspects of the legal relations and institutions. This second edition is completely updated; it includes new legislation and the latest relevant decisions of the Spanish Supreme Court. Furthermore, the coverage of this new edition has been expanded and we have included more examples and new cases and activities.
This Handbook on Spanish Civil Patrimonial Law is a concise and accurate introduction to Spanish Civil Law. It is especially interesting for students in degrees with an economic content (Business Administration, Economics, Accounting and Finance, Tourism, etc.). It is a basic text for students and teachers in the bilingual studies. It gives a general overview of the Spanish Civil Law, focusing on the economic aspects of the legal relations and institutions. That is, the Handbook not only refers to patrimonial matters, but it also gives a basic knowledge of the pillars of Civil Law. The person, the Law of obligations, the Law of contracts, non-contractual liability, rights in rem and even family and succession law are studied herein. But not only is this Handbook interesting for students. Its clarity and preciseness make of it a perfect tool for businessmen and lawyers with foreign clients. This Handbook is a work which accurateness and quality can be relied upon in the daily business practice. This third edition is completely updated; it includes new legislation and the latest relevant decisions of the Spanish Supreme Court. Furthermore, the coverage of this new edition has been expanded and we have included more examples and new cases and activities.
We are pleased to present this English translation of the book “Teoría general de obligaciones y contratos. Contratos en particular”, by Professors Klaus Jochen Albiez Dohrmann and José Antonio Castillo Parrilla. We have chosen this handbook on obligations and contracts from among the different current handbooks available, as it is a comprehensive and accurate work that is completely up to date. Professors Albiez and Castillo offer a detailed analysis of Spanish law with constant reference to the Civil Code, case law, legal doctrine and, where relevant, European law. We considered it appropriate to divide this work into two volumes. The title of the first volume is "General Theory of Obligations and Contracts". It has its own special identityand c ontains the General Theory of Obligations and Contracts. The title of the second volume is "Contracts, Quasi-contracts and Non-contractual liability". It is devoted to the study of contracts in particular, quasi-contracts and non-contractual liability. In addition, we have adapted this Spanish Civil Law handbook to Philippine Civil Law. We therefore present this two-volume edition, which we hope will be of use to jurists and Law students
The topics addressed in this book have traditionally been covered in separate publications on civil and commercial law. This dualism of regimes has made it difficult for students and professionals alike to comprehend Spanish private law as a whole. In the past this has led to inefficient duplication of explanations, gaps in key areas and an altogether fragmented picture. Introduction to Spanish Private Law presents a consolidated, modern, and realistic image of today’s Spanish private legal system. It combines both civil and commercial law and integrates them in the same book, making the overall subject far more accessible to readers. This united approach results in a more logical and efficient process of learning. Finally the issues that are addressed reflect the reality of today’s economic and legal scene. This book attempts to provide the readers with the necessary legal instruments to tackle the real problems arising from a globalized modern society. The general principles in this book are presented from a practical point of view that emanates from the authors’ conception of a legal system as an instrument to solve social problems in accordance with a set of principles, values and aims.
As part of the European integration, an ambitious programme of harmonisation of European private law is taking place. This new edition in the Swedish Studies in European Law series, the work of both legal scholars and politicians, aims to create a modern codification in the tradition of the great continental codifications such as the BGB and the Code Civil. A significant step towards this development was taken in 2009 with the creation of the Draft Common Frame of Reference which contains model rules for a large part of central private law. The process raises a number of questions. What are the advantages and disadvantages of such an intensive process of harmonisation? Are there lessons to be learnt from the Europeanisation of private law through history? Are there any further steps which have been taken in order to create a European private law? What is the future of European private law? These crucial questions were discussed at a conference in Stockholm, sponsored by the Swedish Network of European Legal Studies. This important volume includes the answers offered by leading scholars in the field.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of Spain provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings ofSpain for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.