The Historical Foundations of Grotius’ Analysis of Delict PDF Download

Author: Joe Sampson
Publisher: Martinus Nijhoff Publishers
ISBN: 9004344373
Category : Law
Languages : en
Pages : 270

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Book Description
The Historical Foundations of Grotius’ Analysis of Delict explores the origins of the generalised model of liability for wrongdoing presented in the writings of Grotius, analysing the extent to which earlier civilian and theological doctrines shaped his views.

Author: Emanuel van Dongen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004278729
Category : Law
Languages : en
Pages : 498

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Book Description
In Contributory Negligence, Emanuel van Dongen gives an overview of the historical development of the effect of contributory negligence on delictual liability, from Antiquity until today.

Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004262202
Category : Law
Languages : en
Pages : 229

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Book Description
Quite by accident, Roman law and English law share a peculiar dual structure. In both systems, the law (ius civile, Common law) was supported, amended and corrected by a second legal source (ius honorarium, Equity) found in the jurisdiction of particular magistrates. How did this dual structure come into being in Rome and England, and how did it influence legal developments? In Law & Equity: Approaches in Roman law and Common law, seven specialists explore the origins and consequences of this interaction. The history of equity and law is treated by Willem Zwalve, Paul Brand, David Ibbetson and Mike Macnair, while John Cartwright, Hendrik Verhagen, Frits Brandsma and Willem Zwalve offer a comparative legal history on issues of substantive law.

Author: Henry Sumner Maine
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 462

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Book Description
In his preface, Maine defines his scope: "...the chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, & to point out the relation of these ideas to modern thought."

Author: Hugo Grotius
Publisher:
ISBN:
Category : Freedom of the seas
Languages : en
Pages :

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Author: Reinhard Zimmermann
Publisher: Clarendon Press
ISBN: 9780198764267
Category : Contracts (Roman law)
Languages : en
Pages : 1316

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Book Description
This book is widely regarded as one of the most remarkable achievements in Roman Law and Comparative Law scholarship this century - a fact attested to by the universal acclaim with which it has been received throughout Europe, America, and beyond. As a work of Roman Law scholarship it fusesthe vast volume of 20th century scholarship on the Roman law of obligations into a clear and very readable (and in many ways original) account of the law. As a work of comparative law it traces the transformation of the Roman law of obligations over the centuries into what is now modern German,English and South African law, presenting the reader with a contrast between these legal systems which is unique both in its scope and its depth. As a whole the book is written with a deep understanding of human nature and of many social, economic, and other forces that determine the face of thelaw.

Author: María José Falcón y Tella
Publisher: BRILL
ISBN: 904744034X
Category : Law
Languages : en
Pages : 356

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Book Description
This book includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

Author: Borzu Sabahi
Publisher: OUP Oxford
ISBN: 019102158X
Category : Law
Languages : en
Pages : 280

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Book Description
This book examines the history, principles, and practice of awarding compensation and restitution in investor-State arbitration disputes, which are initiated under investment treaties. The principles discussed may be applied to all international law cases where damage to property is an issue. The book starts by tracing the roots of the applicable international legal principles to Roman law, and from there follows their evolution through the European law of extra-contractual liability and eventually through the Chorzów Factory case to principles of compensation and restitution in the modern law of international investment. The greater part of the book is then dedicated to examination of the modern application of these principles, focusing on the jurisprudence of international tribunals under various arbitral rules such as ICSID and UNCITRAL Rules. Monetary compensation as the prevalent form of remedy sought and awarded in investor-State disputes is discussed in more detail, including topics such as the amount of compensation for damage resulting from breach of investment treaties or for lawful expropriation of foreign investor's property, a brief overview of valuation methods, supplementary compensation for moral damages, interest, costs, and currency fluctuations as well as various principles that may limit the amount of recoverable compensation, such as causation. A full chapter is dedicated to the discussion of the theory and practice of awarding restitution in investor-State disputes. The book also covers the general principle of reparation in international law as applied in investor-State arbitrations. The topics discussed cover all the theoretical as well as practical issues which may be raised in awarding compensation and restitution in investment treaty disputes between States and foreign investors.

Author: Peter Malanczuk
Publisher: Routledge
ISBN: 1134833881
Category : Law
Languages : en
Pages : 472

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Book Description
First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

Author: Randall Lesaffer
Publisher: Cambridge University Press
ISBN: 1107198836
Category : History
Languages : en
Pages : 659

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Book Description
Offers an overview of Grotius' work and thought, from his historical, theological and political writing to his seminal legal interventions.