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Simple Summary: Latent physical defects in animals sold are problematic for both parties to the contract. This situation implies a legal reaction and increases the seller's civil liability. One of the types of such liability is the Germanic model of warranty, which is, or was, in force throughout Europe. The characteristics of this model and the conditions which shaped the current statutory acts are demonstrated based on contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical (Germany and Poland) examples. The analysis shows factors influencing these legal rules. Local habits of animal trade and law are shown to be decisive factors for the Germanic model. The subject of the analysis is the Germanic model of liability for the physical defects of animals examined through examples in Europe. Methods of legal analysis and interpretation are used. Contemporary (Austria, Belgium, France, Luxembourg and Switzerland) and historical examples (Germany and Poland) are examined and described. The characteristics of this model and the historical conditions which shaped the current legal state are demonstrated. It is shown where particular civil law systems in Europe have maintained the Germanic model of warranty to this day, where other systems have replaced it with another model and what factors have influenced this. The analysis is comparative in regard to legal systems and oriented toward veterinary science. [ABSTRACT FROM AUTHOR]

Background: This research critically analyses the jurisdictional challenges and their implications for the proper administration of justice in the case of Mariana vs. BHP Group [2022] EWCA Civ 951. The legal route taken by the High Court of Appeal is examined, considering both the proceedings in the UK (pre-Brexit) and a third state (Brazil). This text examines the impact of the European legal framework on EU member states and evaluates the approach of UK towards Article 34 of the Brussels Regulation. The analysis examines whether pursuing damages based in civil or commercial liability suffered by victims domiciled in a Third State through European jurisdiction is appropriate. Methods: The study employs a case law analysis, supported by doctrinal legal research methodology, to systematically examine the balance of the principle of forum non conveniens and the consistent application of the Brussels Regulation in the Mariana Case. This is a critical review of the UK High Court's decision to overturn Judge Turner's ruling. The review emphasizes the adherence to historical national precedents, European Union Law, and the European Court of Justice's previous rulings against the United Kingdom's strike-out legal technique. The article explores the complexities of administering justice, focusing on the interplay between case management discretion, the principle of proportionality, and the court's responsibility to ensure a fair trial. It analyses the impact of factors such as the court's structure, case complexity, and the time required for resolution within this framework, while also considering the court's duty to administer justice effectively. Results and conclusions: The study's findings enhance comprehension of jurisdiction challenges in transnational litigations within the European Legal System and their implications for the proper administration of justice. The article recommends a balanced approach that upholds the substantial rights of claimants while aligning national practices with EU civil liability standards, promoting judicial harmony in transnational civil and commercial liability cases in the European Union. [ABSTRACT FROM AUTHOR]

The text discusses a legal case in the Netherlands involving Deliveroo's meal delivery drivers and the classification of their employment relationship. The Supreme Court upheld the lower court's decision that the drivers were employees, considering various factors such as work nature, payment, and entrepreneurial behavior. The decision highlights the need for a holistic approach in determining employment contracts, with implications for legal certainty and ongoing legislative developments in the Netherlands. [Extracted from the article]

The autonomy and independence of civil law in relation to canon law, especially in those countries where these legal systems meet in the drafting and application of international agreements of the concordat type, are not entirely simple questions maintaining both - national and international dimensions. The first level question seems to be the reception of canon law by civil law in the view of the principle of independence and autonomy of state legal systems. The second level question is the validity and effectiveness of international bilateral human rights rules agreed with the Holy See. Many multilateral international treaties of universal and regional nature on human rights, especially in the areas of protection of freedom of religion and freedom of conscience, generally regulate the legal relations, but specific regulation of concordats is also appropriate, sometimes complementary, and sometimes primary. [ABSTRACT FROM AUTHOR]

This Article addresses the question of how to explain and justify the allocation of politically sensitive legal questions to civil courts in the European Union. It proposes a pluralist theoretical view on interactions of private law adjudication with legislative initiatives in the process of building a European political community. This is elaborated on the basis of a reconstruction of the interaction between judicial and legislative processes in three high-profile cases (concerning non-discrimination, housing and climate change) in light of three theoretical perspectives: social justice, constitutionalism and public sphere theory. The first two perspectives shed light on the legal-political dimension of private legal questions in the European Union and manners in which to handle the plurality of sources and institutions in this field. They do, however, not fully clarify the distinction and relation between Habermasian discourses of justification and discourses of application of law in European Private Law adjudication. The Article suggests that public sphere theory, with a basis in Fraser's work on transnationalisation, can complement the theoretical understanding of the role of judges in European Private Law. It is submitted that the interaction between national and European levels of adjudication helps maintain transnational deliberative spheres in which the legal-political stakes behind private law can be discussed. This opens up space for the inclusion of different voices in democratic deliberations on questions of social justice. Private law adjudication may thus be considered to contribute to the initiation of discourses of justification which serve the re-imagination of a European political community. [ABSTRACT FROM AUTHOR]

The paper looks at contracts and contract law as a place of both commodification and resistance to commodification. Commodification and contract are connected through the lens of flexibilisation, seen in particular as one party's unilateral prerogative to adapt the content of the contract's performance. Flexibilisation in this sense works to entrench the market mechanism (qua responsiveness to price and demand dynamics) in situations where marketisation makes the realisation of long-term human needs rely on the short-term horizon of market operations. Two such contexts of marketisation in the context of European Private Law are considered as examples, namely transfer of enterprise and acquisition of a (household) customer portfolio in energy markets. The paper argues that 'taking contractual equality seriously' can contribute to decommodification -- or at least throw some sand in the wheels of commodification. [ABSTRACT FROM AUTHOR]

The work represents a critical analysis of legal unification attempts at transnational, European level. The author asks whether it would be useful to codify private law at the European level? He criticizes the ways in which those with the political will to achieve such unification seek to achieve the goal, and ultimately believes that the only correct and natural path to legal unity is an approach that uses a common past as the most obvious and natural starting point for analyzing and understanding the development of modern law. [ABSTRACT FROM AUTHOR]

Copyright of FinanzRundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In the light of civil procedural law, an important place is occupied by the posting of a bond at the disposal of the court for the purpose of suspending enforcement, as a guarantee of the debtor's fulfilment of the obligation contained in the enforceable title. This study addresses the incidence of the right to a fair trial - in the form of free access to justice (as protected by Article 6 of the E.C.H.R.) - in the hypothesis of the imposition of an obligation to pay a security in an extremely high amount. Among the issues addressed are the possibility of granting exemptions, reductions and staggering of the amount of the deposit, the violation of the principles of fairness and equality of rights of the parties by exempting public institutions and authorities from the obligation to deposit bail in order to suspend enforcement, as seen in the light of domestic case law and the case law of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

Copyright of Zbornik Radova Pravnog Fakulteta u Nisu is the property of Law Faculty in Nis and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The present study aims to offer an integrated vision on the origin, legal nature and the effects which occur in the field of specific relations of civil law, from the perspective of comparative law by valorizing the specific research methods which define the institution of the right of first offer. Theoretical approaches with practical implications of continental law and Anglo-Saxon law were considered. [ABSTRACT FROM AUTHOR]

Notwithstanding, and although there are pending appeals, the Competition Court has already rejected this argument in I Ius Omnibus v Mastercard i and in I Ius Omnibus v Super Bock i , showing that third-party litigation funding is not relevant to affecting active legitimacy[9]. V. Litigation Funding - Brief Mention In some of these popular actions, litigation funding is present, such as in I Ius Omnibus v Mastercard i (no 19/20.5YQSTR) and I Ius Omnibus v Super Bock i (no 20/20.9YQSTR). Keywords: private enforcement; Portugal; consumer redress; third-party litigation funding EN private enforcement Portugal consumer redress third-party litigation funding 266 270 5 10/07/22 20220701 NES 220701 I. Introduction It is about 21 years since the famous CJEU Ruling in case C-453/99 I Courage and Crehan i which clarified the right to compensation for damages of any person deriving from the infringement of European competition law. [Extracted from the article]

Keywords: evidence; private enforcement; EC Law; pre filing discovery EN evidence private enforcement EC Law pre filing discovery 122 124 3 08/02/23 20230401 NES 230401 I. Introduction In the orbit of European Union (EU) law, Portugal has emerged as a hot topic jurisdiction for mass claims, particularly in the context of European competition law private enforcement actions. Portugal • Unlocking the Path to Evidence in EC Law Private Enforcement Unlocking the Path to Evidence: Ius v Meliá I Ius Omnibus v Meliá i (no 6/21.6YQSTR) was the first to have a judgment. [Extracted from the article]

The 'Common Core of European Administrative Law' project, launched six years ago and still ongoing, applies the ground-breaking methodology underpinning the longstanding 'Common Core of European Private Law' research. The basic aim of the 'new' initiative is that of testing, in action, whether and to what extent the comparative legal method successfully developed under the private law-centred project can be applied to the field of administrative law. This paper highlights the scientific premises and methodological roots of the European administrative law research, as well as its promises and challenges. [ABSTRACT FROM AUTHOR]

The work focuses on the Civil Code of Puerto Rico, a legislative work lying on the border between Anglo-Saxon and continental European law. The author warns that the continental system grants a share of power to judges through the interpretation of legal norms. In the Anglo-Saxon system, on the other hand, Parliament curtails this power to a minimum, and in written laws, the Anglo-Saxon judge is a mere and almost automatic «applier» of the law. This article makes a careful study of the Puerto Rican Civil Code, from its origins to the latest reforms. [ABSTRACT FROM AUTHOR]

The paper analyses the right to be exempt from jurisdiction (immunity) under customary international law and European civil procedural law following the interpretation of the Court of Justice of the European Union. The aim is to research the balance between this right and the right of access to the courts as its potentially restrictive factor in the case law of the Court of Justice of the European Union and to compare it with the case law of the European Court of Human Rights. In deciding the LG and Others v. Rina and Ente Registro Navale as the most important case in this regard, the Court of Justice of the European Union states that the national court before which the issue of exemption from jurisdiction arises, must be persuaded that there will be no violation of the right of access to the courts, if it accepts the immunity objection. In this way, the Court determined the limit of exemption from jurisdiction by allowing the waiver of jurisdiction for reasons of compliance with international legal obligations and noting the need to preserve fundamental rights. However, as to the terms of that limitation, the Court remained vague. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Power of Reasons in European Private Law: This article discusses the power of reasons in European private law. It does so in response to six articles written by critics, as part of a book symposium on Justifying Contract in Europe: Political Philosophies in European Contract Law (Oxford University Press, 2021). In particular, this contribution explores: the role of reasons in emancipatory political struggles; the meaning of reconciliation in pluralist societies; intersectional corrective justice through private law; the relationship between normative questions and critical theory; the priority of justice in times of crisis; and the politics of general private law theory. [ABSTRACT FROM AUTHOR]

Causa is a subjective motive that determines the content of the obligation or material interest, which encourages the party to the trade to enter into an obligation taking on the associated burdens. In the countries of continental (mainland) Europe that belong to the Romano-Germanic law system, such as Germany, France, and Italy, the goal (objective) of the parties to the trade, causa, is legally significant. In the theory of the Civil law of the Romano-Germanic system, there is a general principle - any obligation arises for some purpose, which is called the basis of obligation. Causa is an individual interest that meets the requirements of the legal system. France was one of the last European countries that did not recognise the contingency theory as a basis for regulating the binding force of a contract. In practice, the courts have faced criticism of the concept of causation from both doctrine and law enforcement practice. In 2016, there was a significant reform of the French law of obligations. Legal science, undeservedly, did not attach due importance to one of the most noticeable innovations within the framework of the mentioned reform - the abolition of the concept of "causa" (reason, basis) of the contract, which until recently was one of the most original features of the French law and originated from Roman law, which was fixed in the Napoleonic Code. In this article, the theoretical provisions for the abolition of the concept of causa in French civil law, within the framework of the reform of the Civil Code, were investigated, and the corresponding conclusions were drawn. [ABSTRACT FROM AUTHOR]

The administrative law regime means a typical legal construction, which expresses the way of connecting an administrative law norm with this norm anticipated administrative law relationship through a certain legally significant fact. From the point of view of public administration addressees, it is appropriate to differ regimes of granting rights and regimes of imposing obligations primarily. Many regimes have a superstructure (secondary) nature, they assume the earlier existence of other (primary) rights and obligations. In addition to unilateral regimes, there are also bilateral or multilateral regimes of administrative law, which are an expression of cooperation in connection with the performance of public administration. From the point of view of public administration bodies, it is possible to distinguish several (administrative) regimes of exercise of their competence (powers). A kind of complement is the regimes that determine the boundaries of administrative regulation (between public law and civil law; between national law and European law). The application of some regimes or their combination typically results in the general administrative law concepts (= the tangles of administrative law norms cemented by the need and effort to solve certain idealized situations, deprived of their specific content). The research of administrative law regimes may perhaps contribute to a more plastic and systematic doctrinal characterization of material administrative law. [ABSTRACT FROM AUTHOR]

In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death of subjects. Comparatively, in the development of European private law, there has been a reception of both concepts, with the proviso that over time the concept of simultaneity will almost completely suppress the concept of survival. The paper analyzes the reasons for this. In establishing a link between Roman roots and European private law, special attention is given to the possibility of applying presumptions in cases where there is a certain spatial or temporal distance between the deaths of persons or if a different cause has led to fatal consequences. Ultimately, the paper clearly points to the importance of Roman rules, which can sometimes be fundamental in understanding the institutes of contemporary private law. [ABSTRACT FROM AUTHOR]

In the editorial of GesR-Gesundheitsrechts, the establishment of a specialist journal for health law 23 years ago is mentioned. Health and medical law is an interdisciplinary field that encompasses various areas of law such as European and constitutional law, civil law, public law, and criminal law. The journal now has a new editor, Prof. Dr. Jens Prütting, who has extensive experience in teaching and as a lawyer. He is the director of the Institute for Medical Law at Bucerius Law School and holds the chair for civil law, medical law, and health law. [Extracted from the article]

According to the classification of Continental European law, one of the important branches of private law is the branch of law of obligations that deals with the issues related to the debt relations of the civil law. Debt relation is described as "the legal link between two parties obliging one to the other or both to act towards each other." The elements of the debt relationship are naturally creditor, debtor and debt/act. Actions are also divided into three as giving, doing and not doing. The sources of debt are listed as legal transactions, tort, unjust enrichment and law. Legal transactions, which can be unilateral or bilateral, are established with a declaration of will. In contracts, which are a type of legal transaction established with a double-sided declaration of will, acts are divided into two as immediate and continuous actions in terms of time. While the sudden act expresses the immediate fulfillment of the act, the continuous act means that the act is not instantaneous but continues. Sometimes, war, epidemic, inflation, etc. In cases, the promised acts may become impossible or, although possible, aggravated. In case of impossibility, while the contract is terminated automatically (while being dissolved), demanding the continuation of the debtor in case of heavy disclosure may be contrary to the principle of justice since it will be a destruction or a difficult situation for the debtor. Covid-19 is one of the epidemic diseases that make it impossible to fulfill the debt in long-term contracts that impose debt on both sides, and sometimes make it unbearable. In this article, it has been investigated whether situations similar to the probable disclosure of Covid-19 to be impossible or to force the principle of justice in long-term debt relations were encountered in the period of Prophet Mohammed, what he offered, if so, whether the same problem was envisioned in classical fiqh sources, and if so, what was it? It has been tried to be determined based on the issues that Islamic jurists have resolved in fiqh, that such solutions have come to the agenda. In addition, based on the theoretical bases and principles found by the mujtahids, a number of suggestions were tried to be offered for the solution of the problems caused by Covid-19. [ABSTRACT FROM AUTHOR]

The article offers the generalized view of the optimal principles for systematization of the legislation regulating membership (in particular - corporate) relations in legal entities with obligatory or optional multiplicity of the membership (in particular - participation). Thus, the author highlights main stages of the development of the legislation and makes conclusion that there is a number of laws adopted over the years co-existing and creating mix of the legal rules. As a result, it is necessary to get to the overall interpretation each time one tries to apply those rules, to identify general and special rules as well as rules adopted earlier and later. The general part of the corporate law provided by Civil and Commercial Codes covers only few issues. So one can see that corporate legislation or if we look at this issue a bit wider - legislation regulating membership (in particular - corporate) relations in legal entities with obligatory or optional multiplicity of the membership (in particular - participation) in general is poorly adapted for application. The trends in lawmaking one may observe do not give much hope for change for the better. Having studied the current case law and European experience of legal regulation of membership and participation relations, the author concludes that it is appropriate to adopt a single codified act to provide regulation of membership (in particular - corporate) relations in legal entities with obligatory or optional multiplicity of the membership (in particular - participation) as well as some relations adjoining to the corporate ones based on the considerations of the usability of the application of law. The codified act like that should contain a voluminous general part, aimed to fix rules common for different organizational and legal forms and to provide the diversification of the legal regulation for the different kinds of legal entities with obligatory or optional multiplicity of the membership (in particular - participation) on a single conceptual and stylistic basis. The provisions of the general part of the codified act shall apply to the relationship between the legal entity with obligatory or optional multiplicity of the membership (in particular - participation) and its members (participants) as well as between members (participants) themselves regardless of whether that codified act provides for special provisions concerning the relevant legal form. It is necessary to join efforts of all the community of corporate law specialists in order to resolve this problem successfully. It demands purely instrumental approach based on ideological compromises and to reject the dogmatic confrontation, which, at least in the field of corporate law, is counterproductive given the time and efforts spent on this confrontation for the last and the result we actually have. [ABSTRACT FROM AUTHOR]

In European procedural law, the existence of jurisdiction implies that a case must be heard by a court, which may be in collision with the obligation to decline jurisdiction when the defendant relies on state immunity. In its recent judgment of 7 May 2020, C-641/18, the Court of Justice of the European Union ruled on the relationship between state immunity and the exercise of jurisdiction resulting from the Brussels I Regulation. The ruling is noteworthy for a number of reasons. Its significance for the development of international law in the sphere of state immunity has already been noted in the literature. This paper analyses the consequences of the judgment for European civil procedural law by way of addressing two specific issues. The first one is a question about the relationship between state immunity and the concept of 'civil and commercial matters' which sets out the scope of the Brussels I Regulation. The second one is a question about the influence of state immunity on the exercise of jurisdiction granted by the Brussels I Regulation. Answering these questions will make it possible to determine the relationship between state immunity and the European civil procedural law. [ABSTRACT FROM AUTHOR]

Copyright of Apuntes Universitarios: Revista de Investigación is the property of Universidad Peruana Union Filiar Tarapoto and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Education & Law Review / Revista de Educación y Derecho is the property of Revista de Educacion y Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this study is to show what changes have been made to the original causes and functions of the foundations. Accordingly, we briefly review the roots and history of foundations and the latest trends, the emergence of the private foundation. The legal construction of the foundation has undergone significant change in legal history and one of the primary benefits was the formation of private foundations. Private foundations in many cases can pursue economic and commercial purposes, even carrying out asset management activities and they are specifically suited to asset separation, making them important legal tools for asset protection. In addition, the study analyzes in detail how the foundation emerged in continental European private law gained ground in some Anglo-Saxon countries. [ABSTRACT FROM AUTHOR]

The article considers the history of creation, structure, language and style features of the Civil Code of Eastern Galicia 1797 - one of the first codifications of private law in Europe, which served as the basis for the creation of the Austrian General Civil Code (ABGB) of 1811 later. The idea that the Code is a product of Roman law reception, without losing certain features of feudal law. To characterize the language and style of the Code, the author of the article used the Latin edition of the text. Based on the general nature of codification processes at the time of the creation of the Code, as well as on the role of the Latin language of the Age of Enlightenment, the article attempts to substantiate the emergence of the Latin version of the Code. [ABSTRACT FROM AUTHOR]

The following study aims to asses and present the role of the United Nations Organization, the Council of Europe and the European Union, the legal provisions issued by these institutions, as well as the mechanism they posses in order to enforce these provisions, within the development of global and regional law. The present study specifically reffers to the transposition of the international private law and the European Union law into the national regulations and legal systems, the manner in which the implementation is achieved and the relation between the international and the national law. The integration is to be analyzed in reference to the nonregulatory, nonmandatory mechanisms, but also in refference to the national law system, considering the ratification of the treaties by the national legislators. The specificity of the implementation of the European Union law into national provisions is to receive special attention and focus, as the European law prevails over the national law and in relation to the national Constitution, as a mark of the national independence. [ABSTRACT FROM AUTHOR]

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper wold like to study the relationshio between the incorrect fullfiment and the ruined holidays in the light of the recent issues in the EU 2 ESTUDOS Dereito Vol.25, n°1:1-19 (Xaneiro-Xuño, 2015) legilsation and in the national legal sistem order. The paper analyse the role of the principle of conformity to contract into the tourist contract for the assessment of damages, aimed to improve the tourist protection into the internal market. [ABSTRACT FROM AUTHOR]

Copyright of Journal of International Trade & Arbitration Law / Uluslararasi Ticaret ve Tahkim Hukuku Dergisi is the property of Journal of International Trade & Arbitration Law / Uluslararasi Ticaret ve Tahkim Hukuku Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this paper I would like to discuss what changes and problems the Covid-19 epidemic has caused in private law, particularly in the field of contract law. The most important questions are, on one hand, how the state may have intervened in private law. There is a historical precedent for this practice within each European legal system. On the other hand, how the contracting parties respond to the challenges posed by the epidemic. The third question is, for example, what solutions can be found in Hungarian private law to solve contractual problems. In examining these issues, I use certain provisions of European private law, as well as review the established case law. As a result of my paper, parties to a contract can gain insight into some of the legal issues surrounding the case and learn about possible solutions in Hungarian contract law. [ABSTRACT FROM AUTHOR]