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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Poland covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Poland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
The book proposes a fundamentally new way of teaching contract law: it simultaneously presents a more systematic and coherent elaboration of contract doctrine than other contacts casebooks and develops a more rigorous interdisciplinary approach to thinking about law generally. The aim of the book is to present a doctrinally integrated, interdisciplinary approach to contract law in a rigorous, open, and systematic fashion. This casebook replaces the conventional approach with an effort to elaborate the doctrinal structure of contract law in an orderly way and, at the same time, to introduce students in a systematic way to a wide range of methods of legal analysis. The materials in the book therefore present a holistic account of contract law, in which doctrines from various areas of the law are linked together, and the relations among them explained. The explanations sound both in traditional doctrinal legal analysis and in ideas taken from economics, sociology, and philosophy.
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.
The 5th edition provides thorough treatment of one of the most fundamental areas of law - the interpretation of contracts. All those drafting, revising or advising on written agreements will benefit from its detailed discussion of the rules of contract interpretation.
Remedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
This book explores the source and extent of the right of parties to an international contract to make appropriate arrangements for the determination of their legal relationship, primarily by selecting the applicable law, but also by selecting the judicial or arbitral forum. The book focuses on the legal systems of the United States, the Commonwealth jurisdictions and the civil law countries of western and central Europe. This fascinating analysis will be welcomed by practitioners and scholars alike.
Practical Contract Law for Paralegals: An Activities-Based Approach is a comprehensive, practical introduction to environmental law written exclusively for paralegal students. The concise, well-written text focuses on a broad understanding of the sources of environmental law and offers students numerous practical exercises as well as concrete methods for researching the law. It also includes methods for conducting due diligence in real estate transactions, a real-world concern of paralegals and a topic ignored by other textbooks. The Second Edition offers thoroughly updated exercises, websites, government forms and laws, and includes a new chapter on mining law. Features of Practical Contract Law for Paralegals: An Activities-Based Approach: Accessible, practical approach to environmental law, specifically designed for the paralegal student. Comprehensive coverage includes the basics of the judicial concepts, policies, agencies and institutions that shape environmental law A brief overview of legal research and how it applies to environmental law. Intuitive organization starts with the implementation and sources of Environmental Law and moves on to specific statutes. Emphasis on conducting due diligence in real estate transactions, a real-world concern of paralegals and a topic no other book addresses. Engaging hands-on assignments, exercises and website resources teach students how to research local laws and access vital information. Strong pedagogical features reinforce the material, including crossword puzzles, key terms, review questions, and practice exercises. Features employment opportunities and ethical issues Thoroughly updated, the revised Second Edition includes: New chapter on mining law. Thoroughly updated exercises, government forms, laws, and websites.
This groundbreaking casebook is ideal for one-semester introductory Constitutional Law courses of 3-5 units that teach both structure and rights. Its novel approach presents constitutional law as a coherent system, not as isolated doctrines in silos. The book integrates subjects ordinarily taught in Con Law I and II; it integrates historical and doctrinal approaches; it integrates features of a casebook and a study guide; and it presents each case as an integrated whole, so that students learn relationships among doctrines while studying the details of each. Its tone is accessible, while its structure allows for sophisticated classroom discussion.
An intensive global search is on for the "rule of law," the holy grail of good governance, which has led to a dramatic increase in judicial reform activities in developing countries. Very little attention, however, has been paid to the widening gap between theory and practice, or to the ongoing disconnect between stated project goals and actual funded activities. Beyond Common Knowledge examines the standard methods of legal and judicial reform. Taking stock of international experience in legal and judicial reform in Latin America, Europe, India, and China, this volume answers key questions in the judicial reform debate: What are the common assumptions about the role of the courts in improving economic growth and democratic politics? Do we expect too much from the formal legal system? Is investing in judicial reform projects a good strategy for getting at the problems of governance that beset many developing countries? If not, what are we missing?