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Volume XVII: State and Economy | Chapter 21 (1989): Foreign Commerce and Investment – General Observations Completed in March 1986 Hugo J. Hahn and Ludwich Gramlich section   1–5 I. Delimitation of the Topic 6–10 II. Essential Features of Present- Day world Commerce 6    A. Historical Outline 7–8    B. Economic Factors 9–10    C. Law and Theory of Foreign Commerce 11–32 III. Legal Bases of National Laws on Foreign Commerce 11–14    A. Public International Law 15–17    B. Private Law 18–18    C. Foreign Commerce Law as a Field of Public Law 19       i. Purposes of the Law on Foreign Co…

Volume VI: Property and Trust | Chapter 5 (1994): Apartment Ownership Completed June 1992 Cornelius G. van der Merwe A. Introduction 477. An important reason why special legislation on apartment ownership was introduced in most of the countries of the world, was the desperate shortage of housing.1 The most important alternatives to apartment ownership had already been introduced mostly in anglo-american countries, long before special legislation on apartment ownership was promulgated.2 These alternative schemes can be grouped into the following broad categories: (1…

Volume IV: Persons and Family | Chapter 2 (1995): Persons Disappearance: Completed in spring 1988; certain recent developments have been taken into account. Andreas Heldrich, Anton F. Steiner, Walter Pintens, Michael R. Will, Walter Zeyringer Andreas Heldrich and Anton F. Steiner1 A. Introduction i. Case Types and Definition 41. Death and disappearance. – The legal personality of a person comes to an end everywhere on death. A dead person ceases to be a holder of rights and duties, his or her estate is distributed among heirs, and any extant mar…

Volume II: The Legal Systems of the World/Their Comparison and Unification | Chapter 1 (1976): The Different Conceptions of the Law The author has not included in this list the works of Marx, Engels and Lenin. He has referred to those containing statements on law in the notes where necessary. Aleksandrov and Lepeshkin (ed.), Osnovy Sovetskogo gosudarstva i prava (Moscow 1963); Boguszak and Jicinsky, Otázky socialistického práva a zákonnosti (Prague 1964); Bratus and Samoshchenko (ed.), Ob-shchaı͡a teorı͡a Sovetskogo prava (Moscow 1966); Farber, Pravosoznanie kak forma obshch…

Volume III: Private International Law | Chapter 4 (1999): Connecting Factors Completed 31 Dec. 1998 Frank Vischer A. Bilateral System 4. – In a bilateral conflict rule, the relevant connecting factor refers a legal relationship to a legal system which, provided no renvoi applies, governs the legal question arising from the relationship. The abstract notion of legal relationship normally embraces a bundle of interrelated rules. The connecting factor in principle selects a legal system and not a specific rule. Confli…

Volume VII: Contracts in General | Chapter 10 (1998): Formal Requirements Completed in July 1994; revised in 1995 and reviewed in 1997. Arthur T. von Mehren A. Introduction 20. In general. – One or more of the concerns – evidentiary, cautionary, channeling, and deterrent – susceptible of being relieved by the use of formalities should presumably be present in all transaction types subject to formal requirements; however, the catalogue of suspect transactions varies from one legal order to another. The types considered suspect by all or most legal systems – e.g. promises to give ( infra s.…

Volume IV: Persons and Family | Chapter 3 (1997): Formation of Marriage Completed 1 Jan. 1991; a few subsequent important developments have been taken into account. Dagmar Coester-Waltjen, Michael Coester A. Characteristics and Contemporary Functions of Rules on Marriage Formation i. Competing Interests 160. – Rules on marriage formation mirror to some extent the balance of power and influence between state, religion, families and the individual ( supra s. 116). In the western world, a rather dramatic development has taken place, which reflects the development in th…

Volume XIII: Business and Private Organizations | Chapter 4 (1973): Management and Control of Marketable Share Companies A. Codetermination by Employees and Workers 345. The basic concept. – The classical idea to protect the public interest in corporations by state control has been superseded in recent years by the theory that it might be better to introduce representatives of the general public and, more specifically, members of social groups (other than shareholders and creditors) that are intensively affected by corporate activities ( e.g., workers and employees, consumers…

Volume XIII: Business and Private Organizations | Chapter 4 (1973): Management and Control of Marketable Share Companies A. Introduction 336. The general background. – There is a growing dissatisfaction with present day control devices for corporations. The closed shareholder-management relationship is under steady attack. The “public function” of big corporations causes pressures to give the general public a voice in the corporate affairs.1 Moreover, the old concept of shareholder control has too often proved to be rather inefficient in view of the separa…

Volume V: Succession | Chapter 6 (2018): Non-Testamentary Acts Affecting the Devolution of an Estate Completed June 1995 and revised 2012. Eve Chava Landau 1. Definition. – Acts, other than wills, concerning the estate of a deceased person are non-testamentary modes of disposing of property. These may be in the form of unilateral acts, e.g. a gift inter vivos, as well as a renunciation of a succession by an heir; or in the form of bilateral acts, such as succession contracts or promises to make a will, not to make a will, to change or revoke a will and any other bilateral transaction. 2. Pluralist…

Volume XV: Labour Law | Chapter 15 (1997): Strikes, Lockouts and other Kinds of Hostile Actions (1) Works 1. international labour office: ILO, Freedom of Association. Digest of decisions and principles of the Freedom of Association Committee of the Governing Body of the ILO (Geneva 1985), cited Digest; idem, General Survey by the Committee of Experts on the Application of Conventions and Recommendations. General Report concerning Freedom of Association and Collective Bargaining (Geneva 1983), cited Experts (1983); idem, General Survey by the Committee of Experts on the A…

Volume IV: Persons and Family | Chapter 11 (1983): The Family in Religious and Customary Laws Where French translations of English language works are mentioned, citations relate to the French translation Association internationale des sciences juridiques/ International Association of Legal Science (ed.), Le droit de la Terre en Afrique (au Sud du Sahara) (Paris 1971), cited Droit de la Terre. Balandier, Sociologie actuelle de 1’Afrique Noire. Dynamique des changements sociaux en Afrique Centrale (Paris 1955). Douglas, The Lele of the Kasai (London 1963); Droit de la terre, see Asso…

Volume III: Private International Law | Chapter 4 (1999): Connecting Factors Completed 31 Dec. 1998 Frank Vischer A. Introduction 15. – A clear-cut systematic exposition of the connecting factors employed is not feasible. There are always overlapping cases: domicile as a connecting factor, for instance, contains a personal and a territorial element. The personal element consists in the appreciation of the personal situation and intention of an individual, the territorial element in the permanent link of an individ…

Volume I: National Reports 1973 Ivo Vasiljev1 North Viet-Nam – official title: Democratic Republic of Viet-Nam ( Viet- Nam Dan- Chu Cong- Hoa) – is a people’s democratic republic. It was established as a unified country consisting of the entirety of Viet-Nam after the struggle of the Vietnamese people against both the French colonial domination and the Japanese occupation was brought to an end. The establishment of Viet-Nam was solemnly declared in the Declaration of Independence in Hanoi on 2 Sept. 1945. During the war for reconquest of Viet-Nam (1945–1954) the government of…

Volume IX: Commercial Transactions and Institutions | Chapter 4 (2000): Negotiable Instruments Completed in July 1994; some subsequent materials have been taken into account. Peter Ellinger A. Application of Rules on Bills of Exchange i. Outline 491. – Under the civilian systems, which have adopted the ULB, and in the english-based systems the principles respecting promissory notes are largely settled by an application of the provisions governing bills of exchange. The main reason for this approach is that bills are much more widely used than p…

Volume XVII: State and Economy | Chapter 20 (1976): Money and Foreign Exchange Subch. I–X completed 31 Jan. 1973; subch. XI completed 31 Oct. 1974. Stephen A. Silard A. The Exchange Rate Systems i. Fixed Exchange Rates 45. Concept of stability. – From a national standpoint a fixed exchange rate means a fixed point of reference to which most economic policies of the government are either anchored, or by which they are affected, even if implicitly. As any system, the regime of the fixed exchange rate combines advantages and disadvantage…

Volume X: Restitution - Unjust Enrichment and Negotiorum Gestio | Chapter 4 (1995): Unjust Enrichment in Eastern European Countries A. Sources of the Rules i. General Remarks 3. Main features of the legislation. – The institution of unjust enrichment is recognized in all eastern european countries. Their legislation, however, is far from uniform. Some legal systems (hungary and former east germany) are satisfied with a monistic formula, referring to one general factual situation, while others prefer a plurality of rules, adding a list of examples of typical cases (poland, former czec…

Index: A | B | C | D | E | G | H | I | J | K | L | M | N | O | P | R | S | T | U | V | W | Y | Z factual context, contract-like relations arising from - see formation fairness - Germany, Federal Republic of 9-103; Islamic Law 7-24 - historical background 2-6, 41ss; Common Law, Common Law Countries 2-51, 53; Continental European Countries 2-47ss; Germany, Federal Republic of 2-50, 53; France 2-48, 53; Natural Law 2-43ss; Roman Law 2-41s; United States (of America) 2-52s - just price theory 1-84; 2-45, 101; 9-64 - see also injustice, contractual; justice, contractual; unfair terms faktische Vertragsverhältnisse - s…

Volume XVII: State and Economy | Chapter 11 (1980): Legal Consequences of State Regulation Completed in 1973; however, certain subsequent developments have been taken into account. Ernst Steindorff 10. Three basic problems of enterprise structure (which are also relevant in the context of enterprise behaviour) have been chosen for treatment in this subchapter: The first concerns the contrasts, in regulating the creation of new enterprises, between a system of licensing business enterprises individually ( Konzessionssystem), and that of establishing a comprehensive sys…

Volume XII: Law of Transport | Chapter 5 (2002): Inland Navigation Completed 31 December 2000 Walter Müller † A. Aspects of Public International Law 1. General Rules. – Inland navigation is, like fishing, floatage, irrigation and the production of electricity by hydraulic works, a form of usage of water without its consumption. While the waters of the oceans are open to every one for use,1 inland waters are in principle open only to the riparian people.2 International law recognizes as the territory of a state the land within its boundaries, the lakes, canals and river…

Volume IX: Commercial Transactions and Institutions | Chapter 5 (1980): Letters of Credit Completed in September 1978 Boris Kozolchyk A. Introduction 138. The customer’s instructions may be improperly followed when issuing, notifying, or confirming the letter of credit, or at the time of verifying compliance with the credit terms.1 This subchapter will focus on the problems related to the issuing, notifying or confirming bank’s negligence in failing to observe the customer’s instructions prior to the moment of the beneficiary’s purported comp…

Volume XII: Law of Transport | Chapter 4 (2001): Maritime Transportation (Instruments arranged in reverse chronological order) INTERNATIONAL CONVENTIONS All international conventions on maritime law up to 1986 are reproduced in Comité maritime international (ed.), Conventions internationales de droit maritime/ International Conventions on Maritime Law. Textes/ Texts (Stockholm 1987), cited CMI, unless indicated otherwise. (The conventions adopted in 1910, 1924 and 1926 were drafted and adopted solely in the French language; the…

Abbreviations: A | B | C | D | E | F | G | H | J | K | L | M | N | O | P | Q | S | T | U | V | W | Y | Z R Session Cases, Cases decided in the Court of Session, Court of Justiciary and House of Lords ... Reported by Middleton Rettie ...; Rand, Rial, Riel, Riyal, Rufiya, Rundi (currency units) R., r. Rule RA Republic Acts RabelsZ Rabels Zeitschrift für ausländisches und internationales Privatrecht Rab.S. Rabochii Sud Racc.uff.Corte Cost. Raccolta ufficiale delle Sentenze e Ordinanze della Corte Costituzionale Racc.uff.leggi e decreti Raccolta ufficiale delle leggi e dei decreti del Regno d’Italia Rad.pravo Radian…

Volume III: Private International Law | Chapter 15 (1972): Persons Completed 31 Oct. 1968, with additions up to 31 Dec. 1970. Alfred E. von Overbeck section   1–7 I. Introduction 8–43 II. Existence and Capacity of Natural Persons 8    A. In General 9    B. Capacity to Enjoy Rights 10–21    C. Beginning and End of the Person 10       i. Birth and Death 11–12       ii. The Child en ventre sa mère 13–20       iii. Absence and Declaration of Death 21       iv. Commorientes 22–42    D. Capacity to Act 22–30       i. The Law Applicable in General 22          a. General Observations 23–28        …

Volume I: National Reports 1980 C Cameroon (P. Vergnaud and J. N. Monie) C-1 Canada (J. S. Ziegel and J. E. C. Brierley) C-11 Central African Empire (M. Espinasse) C–37 Chad (R. Decottignies and S. M. Sy) C-43 Chile (M. Sanhueza Cruz) C–49 Colombia (H. Devis Echandía and C. Bueno-Guzmán) C-63 Comoro (M. Robert) C-75 Congo (A. Gabon) C–79 Costa Rica (W. Antillón and G. Trejos) C–87 Cuba (J. Lisbonne) C–95 Cyprus (C. G. Tornaritis) C-103 Czechoslovakia (V. Knapp) C–111 © 1979 j. c. b. mohr (paul siebeck), tübingen, and sijthoff & noordhoff, alphen a/d rijn this contribution has been financia…

Volume I: National Reports 1974 Yash P. Ghai1 The United Republic of Tanzania came into existence on 23 April 1964, with the merger of the two independent states of Tanganyika and Zanzibar. Both Tanganyika and Zanzibar were under British control till recently; Tanganyika became independent on 9 Dec. 1961 and Zanzibar on 10 Dec. 1963. Tanganyika had been at first a German protectorate. After the First World War, its administration as a mandate was entrusted to the British Government by the League of Nations, and this was changed into a trusteeship of…

Volume IX: Commercial Transactions and Institutions | Chapter 3 (1991): Public Law of Banking Completed in December 1989 Wernhard Möschel section   1–3 I. Introduction and General Survey 1    A. Scope Covered 2    B. Methodology 3    C. Significance of Investigation 4–24 II. Historical Development 5    A. Institutions for the Financing of State Borrowings 6    B. Licensing System and Limited Powers of Credit Institutions 7    C. Control of the Note Issue 8–24    D. General Regulation of Credit Business 25–54 III. Analytical Grouping of Regulatory Aims 26–27    A. Banking Supervi…

Volume IV: Persons and Family | Chapter 5 (2004): Divorce Completed 31 Dec. 1995; several later developments have been taken into account. Bea Verschraegen 2. Introduction. – In this subchapter three grounds for divorce will be distinguished. States providing for no-fault grounds for divorce have abolished fault as a ground for divorce, but do take into consideration fault in form of marital misconduct or economic fault, when it comes to the consequences of divorce. The degree to which fault is relevant in this context …

Index: A | B | C | D | E | F | G | I | J | L | M | P | Q | R | S | T | U | V negotiorum gestio - account of profits 5-214 - actio contraria 17-68 - actio directa 17-258 - adjustment among multiple debtors 11-8, 11-12 - agency of necessity 17-69, 17-136, 17-145, 17-148, 17-168, 17-191ss - altruism 17-18ss, 17-78 - and actio de in rem verso 17-37, 17-175, 17-190 - and agency 17-2ss, 17-12, 17-33, 17-43, 17-68, 17-75 - and contract 17-6ss - and contribution 17-125, 17-127, 17-129, 17-133, 17-182, 17-230 - and quasi-contract 17-11ss, 17-31s, 17-43, 17-175 - and unjust enrichment 4-6ss; 8-4; 10-14; 17-14, 17-…

Volume IX: Commercial Transactions and Institutions | Chapter 5 (1980): Letters of Credit Completed in September 1978 Boris Kozolchyk A. Introduction 147. Most letters of credit call for the presentation of specified documents as a prerequisite to the issuing bank’s acceptance or payment.1 Upon presentation of these documents, the issuing bank has a duty to ascertain that they meet with the specifications of the credit instrument, just as prior to the issuance of the credit instrument it had the duty to ensure that the instrument followed the customer’s instructions.2 The dualism of…

Index: A | B | C | E | F | G | H | I | J | K | L | M | N | O | P | R | S | T | U | V | W | Y | Z damages - 16-40ss; Common Law, Common Law Countries 7-121; Islamic Law 7-115ss; Jordan 7-145ss; Socialist Countries 16-223ss - Adäquanztheorie Germany, Federal Republic of 16-92, 105 - assessment, abstract 1-117; 16-69, 71s, 86; Socialist Countries 16-234s - assessment, concrete 1-117s; 16-69s, 72, 86; Socialist Countries 16-234s - assessment, difference in value 16-66 - assessment, price reduction 16-67s - assessment, proper time for 15-149 - availability 16-40s - causation 16-84, 91; Common Law, Common Law …

Volume III: Private International Law | Chapter 29 (1974): Agency Completed in November 1970 François Rigaux 30. Personal liability of an agent. – If the agent has disclosed that he is acting for a principal, he does not normally incur in his own name duties or obligations towards the third party. However, the possibility must be considered that the agent may have commited a tort. It must suffice here to refer to the chapter on torts (see infra ch. 31). 31. The falsus procurator. – Finally, die case must be examined where a person has acted as agent without any authority or in…

Volume XV: Labour Law | Chapter 14 (1979): Prevention and Settlement of Labour Disputes, Other than Conflicts of Rights Completed April 1977 Jean de Givry section   1–16 I. Introduction 1    A. Existence of Labour Disputes 2-4    B. Definition of Labour Disputes 5-13    C. Types of Labour Disputes 6-8       i. Individual and Collective Disputes 9-13       ii. Disputes Over Rights and Over Interests 14    D. Scope of the Chapter 15    E. Basic Methods for the Settlement of Disputes Over Interests 16    F. Plan of the Chapter 17-64 II. Conciliation Procedures 18-28    A. Autonomous Con…

Volume IX: Commercial Transactions and Institutions | Chapter 4 (2000): Negotiable Instruments (1) Works 1. comparative works: Adachi, Allgemeine Theorie des Wechsel- und Scheckrechts (Bern 1975); Blaschke ( infra sub 4); Bernhardt, Vollständige Sammlung der geltenden Wechsel- und Handelsgesetze aller Länder (Berlin 1871); Bordure, Le statut du chèque barré dans le droit anglo-américain et dans les conventions de Genève de 1931 (Paris 1938); Büeler, Wechselprotest, Wechselverjährung und Wechselprozess im deutschen und ausländischen Recht (Düsseldorf 1958); Cabrillac, L…

Index: A | C | D | E | F | G | H | I | J | K | L | M | N | O | P | R | S | T | U | V | W | Y | Z bargain concept - see formalities bargaining imbalance - see formation (negotiation) battle of the forms - see formation; standard conditions beneficiary - see third party Bilanzentscheidung - see equilibration decision Bilanzierung - see equilibration Bilanzrechtsverhältnis - see equilibration relationship, legal blanket order system - see automobile manufacturers; enforceability; remedies bona fides , principle of - see deception breach - CN 6-67; Islamic Law 7-100, 115; Jordan 7-147, 149; Japan 6-7;…

Volume IX: Commercial Transactions and Institutions | Chapter 3 (1991): Public Law of Banking Completed in December 1989 Wernhard Möschel A. Scope Covered 1. A worldwide comparison of all types of economic activity reveals banking as being the most heavily regulated. The reasons are complex and varied, and their aptness is often the subject of controversy. Two basic approaches can be singled out, one based on considerations of banking security, and the other concerned with monetary and fiscal policy (usually administered by a central bank). The latter topic will not be dealt with here.1…

Index: A | B | C | D | E | F | G | H | I | J | L | M | N | O | P | S | T | U | V | W Railway-Labor Act see arbitration on rights disputes, inquiry recommendations (ILO) - 1-11, 28ss - Committee of Experts 1-16, 58, 61 - Conference Committee 1-58, 62 - general obligations 1-42ss - language 1-30 - legal character 1-32 - procedure 1-28s - revision 1-38ss - subject-matter 1-11 recoupment - 9-26 - concurrent claims; Canada, Federal Republic of Germany, France, United States of America 9-27 - culpable employer or co-employee 9-34, Austria, Switzerland, Federal Republic of Germany, France, Socialist Countries 9-34 - e…

Index: A | C | D | H | J | L | M | N | P | R | S | U enforcement proceedings 10-2ss, 22ss, 64ss, 82ss, 139ss, 145, 4-8, 100, 102ss; 9-4, 146, 148; Socialist Countries 13-81 - abuse 10-71 - against foreign states 10-55ss, 59 - against the state/public entities 10-50ss, 54 - arbitral awards 10-22, 129; 12-195, 209ss, 213ss, 219ss, 229; Socialist Countries 13-81 - astreinte; Romanist Countries 10-14, 52, 139, 141s, 145; 4-65; 7-86 - authorities; Finland, Sweden 10-48, 122 - authorization 10-11, 39ss, 103 - bailiffs 10-10s, 15s, 40, 78, 83ss, 94, 140; Civil Law Countries 3-46, 58 - bank accounts 10-114;…

Volume VIII: Specific Contracts | Chapter 7 (2012): Use of Movables: Leasing Completed in April 2010, with several updates through August 2011. Kåre Lilleholt 1. Main characteristics. – This chapter deals with the “use of movables” as a category of “specific contracts”. Law is to a high degree about categories and classifications and words like “use”, “movables” and “contract” are such legal categories. In a comparative study, such categories should not be defined too narrowly. We should rather try to find categories tha…

Volume XVI: Civil Procedure | Chapter 3 (2002): The Organization of Lawyers and Judges Completed May 1998 David S. Clark A. Lawyers in Private Practice 73. Statistical comparison. – In the 1990’s selected countries had the following number of attorneys in private practice, listed in Table 1 as a total and then per 100000 population to serve as a basis for comparison. Where possible, lawyers working as employees of corporations (and not readily available or permitted to represent other clients) are excluded from the statis…

Volume II: The Legal Systems of the World/Their Comparison and Unification | Chapter 3 (1984): Sources of Law Completed in January 1981 René David A. Introduction 260. Insufficiency of the sources mentioned so far. – In contemporary society statute in the wide sense, custom, and court decisions are apparently the main, if not the only sources of law. It seems as if these three sources, governed by basic principles which are usually actually set out in the constitution, form a complete set of rules with whose help an answer can be given to any question of law. A judge will in all circumstanc…

Volume XVI: Civil Procedure | Chapter 13 (1974): State Arbitration in Socialist Countries (1) Works I. Literature 1. bulgahia: Bŭrov, Sŭshtnost na spora i na reshenieto po preddogovornı͡a arbitrazhen protses: Izvestiı͡a na ikonomicheskiı͡a i pravniı͡a Institut pri BAN, serriıa pravni nauki 1952, no. 1, 2; Stalev, Bŭlgarsko grazhdansko protsesualno pravo (Sofia 1966) 643-677, cited Protsesualno pravo; idem, State Arbitration in die Bulgarian People’s Republic: Rev.Contemp.L. 9 (1962/1963) no. 2, 117-130 (French version: L’arbitrage d’Etat en Républiqu…

Abbreviations: A | B | C | D | E | F | G | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z H Højesteret ha hectare HaftpflG Haftpflichtgesetz Hampshire Ass. Hampshire Autumn Assizes Handb.Unif.St.Laws Handbook of the National Conference of Commissioners on Uniform State Laws and Proceedings of the ... Annual Conference Meeting HandelsG Handelsgericht Hand.zagr. Handel zagraniczny Hansard Hansard. Parliamentary Debates Hansard Aust.Parl.Deb. ..., Australian Parliamentary Debates HansGZ Hanseatische Gerichtszeitung HansRGZ Hanseatische Rechts- und Gerichts-Zeitschrift HansRZ Hanse…

Volume XI: Torts | Chapter 6 (1979): Professional Liability Completed in July 1977 Panayotis J. Zepos, Phoebus Christodoulou 11. The term “physician” as used in this sub-chapter covers not only the generalist physician, but also the various specialists, such as surgeons, anaesthetists, dentists, etc. These various classes of physicians are considered in their different professional situations, i.e. either in individual or group practice, or as employees of, or as contracting parties with a private clinic, or as state employees. We shall concentrate on two points in connect…

Volume XV: Labour Law | Chapter 10 (1990): Equality of Treatment in Employment Completed January 1986 Roger Blanpain 99. Impact on reality. – It is not sufficient for the legislator to prescribe the proper course of action; he must also see to it that the right course is followed in practice, that the law has an impact on reality. History teaches us that especially in the sphere of equal treatment laws remain dead letters if they do not utilise effective enforcement agencies, procedures and remedies. We can distinguish here between countries with virtually no litigation (belgium, the nether…

Volume V: Succession | Chapter 9 (2002): Succession to Agricultural Property Completed on 31 Dec. 2001 Karl Kroeschell and Wolfgang Winkler section   1–19 I. Terminology, Purpose and History 1–11    A. Undivided Succession 1–3       i. Economic and Social Issues 4–8       ii. Legal Forms of Undivided Succession 9–11       iii. Succession Law and Customs 12–19    B. History 12–13       i. Germanic Law 14–16       ii. Middle Ages and Early Modern Period 17–19       iii. The 19 th and the 20 th Centuries 20–41 II. General Survey of Present Legislation 20–26    A. German Legal Family 20…

Volume XVII: State and Economy | Chapter 2 (2000): State and Economy in Transformation. Revolution by Law in the Central and Eastern European Countries Completed in December 1995; some subsequent developments have been taken into account. Ferenc Mádl 62. Dismantling of the CMEA-structures. – The revolution in central and eastern europe also called for transformation in external economic relations. This meant, first of all, the creation of international conditions of viable market-economy structures adequate for the needs of national economies. …

Index: A | C | D | E | H | J | L | N | P | R | S | U Middle Ages (V-XI cent.) 2-2, 6s, (XII-XV cent.) 2-8ss, (XVI-XVIII cent.) 2-41ss, see supra history monetary enforcement 10-82ss, 90ss, 94ss, 104ss, 118ss, 127ss, 138, 145s - bank account 10-114; 13-81 - bankruptcy/insolvency proceedings 10-127ss, 133ss, 138; Socialist Countries 6-261s; United States of America 3-241 - creditors’ equal treatment 10-127ss, 138 - cumulative/consecutive execution 10-87s - debtor’s assets 10-82ss, 128 - debtor’s committal 10-86 - distribution proceedings 10-127ss, 138 - earnings 10-106 - foreign currency 10…

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | Q | R | S | T | U | V | W | Y | Z pain and suffering - 8-92ss, 9-35ss, Austria 8-96, Brazil 8-105, Switzerland 8-93ss, Germany, Federal Republic of 8-36, 95, Denmark 8-104, Finland 8-104, Islamic Countries 8-37, Norway 8-104, Supplement 8-20, New Zealand; Supplement 1-13, Sweden 8-104, Socialist Countries 8-36 - classes of persons 8-36 - compensation 11-8, 55, France 9-151 - compensation, assessment 8-46, Germany, Federal Republic of 8-95 - compensation, concealed 8-38 - compensation or punishment; Germany, Federal Republic of 8-48 - contract or …

Abbreviations: A | B | C | D | E | F | G | H | | I| J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z Zaire (currency unit) ZAkDR Zeitschrift der Akademie für Deutsches Recht Zambia L.J. Zambia Law Journal Zambia L.Rep. Zambia Law Reports Zambia L.Rev. Zambia Law Review ZaöRV Zeitschrift für ausländisches öffentliches Recht und Völkerrecht ZAR Zeitschrift für Ausländerrecht und Ausländerpolitik ZAS Zeitschrift für Arbeitsrecht und Sozialrecht Zb. Zbirka sudskih odluka ZBeamt.R Zeitschrift für Beamtenrecht ZBergR Zeitschrift für Bergrecht ZBetr.wirt. Zeitschrift für Betriebswirtschaft ZBGR Schw…

Volume VI: Property and Trust | Chapter 7 (2014): Security in Immovables Completed in 2008, with some French references updated to July 2012. Cornelius G. van der Merwe A. Introduction 338. – A person who is not a party to a mortgage at the time of its creation may subsequently become one. Change of parties may take place on the active side of the relationship, where the mortgage creditor e.g. assigns the secured claim with its adjunct, the real right of security, to a third party. This may also be effected by partial novation whereby the existing claim is exting…

Volume XIII: Business and Private Organizations | Chapter 1 (1976): Partnership and Other Personal Associations for Profit A. Contractual Basis of Business Associations 15. Personal business associations and contracts. – Personal business associations normally have their origin in express or implied contracts.1 It is the meeting of minds in a contract which permits it to be distinguished from other legal institutions such as governmental establishments which may be legal entities ( établissements publics) and purely fortuitous cases of community of interest.2 But a business…

Volume I: National Reports 1973 Thór Vilhjálmsson1 Iceland ( Island), an island in the North Atlantic, is an independent republic and a unitary state. Iceland was settled in the ninth and tenth centuries as a result of the Nordic Viking expansion. An independent republic was established about 930. In 1262–1264 the Icelanders swore allegiance to the King of Norway. Along with Norway, Iceland came under the Danish King in 1380. It was recognized as a sovereign state in personal union with Denmark in 1918 and subsequently became a republic in 1944. I. CONSTITUTIONAL SYSTEM 1. Nationality Nati…

Volume III: Private International Law | Chapter 6 (1990): Renvoi Completed in May 1988 J. Georges Sauveplanne 9. When dressing a list of arguments as many arguments can be raised in favour of renvoi as there are against it. Often the same argument is advanced by both supporters and adversaries of renvoi. Almost every writer offers his own reasons or his own variations on an existing theme. An exhaustive treatment of all shades of opinion would therefore exceed the limits assigned to this chapter. Moreover a comp…

Volume VIII: Specific Contracts | Chapter 7 (2012): Use of Movables: Leasing Completed in April 2010, with several updates through August 2011. Kåre Lilleholt 20. Introduction. – The obligations under a lease contract are continuous, but temporary. The lease period sets the time frame for each party’s obligations and it therefore seems appropriate to here first present the rules concerning the lease period before turning to the other rules. There are two main models for defining the lease period. The lease period may be indefinite. In this case, either party may normally termin…

Volume XIII: Business and Private Organizations | Chapter 6 (1972): Fundamental Changes in Marketable Share Companies (1) Works 1. comparative and international: Association belge pour le droit européen, Fusion de sociétés. Rapports au colloque international de droit européen ( Brulliard, Gessler, Guerra, Houin, Renauld, Weber, van Oven and van Leeuwe) (Brussels 1962); Barrère a. o., Coopérations, concentrations et fusions d’entreprises dans le C.E.E.-Colloque organisé par le centre universitaire d’études des communautés européennes de la faculté d…

Index: A | B | C | D | E | F | G | H | I | J | K | L | N | O | P | R | S | T | U | V | W | Z Madrid Agreement - see Agreement Concerning the International Registration of Trade Marks, Madrid 1891 marque notoirement connue - see trademarks-well-known marks MCCI - see Multimedia Copyright Clearance of Ireland Mechanlizenz - Switzerland 6-26 MIS@ASIA - 6-95 Model Statute for Private Societies Administering Authors’ Rights - 6-60 Model Statute for Public Institutions Administering Authors’ Rights - 6-60 Montevideo Convention - see Convention for the Protection of Works of Literature and Art moral rights/droit m…

Volume VII: Contracts in General | Chapter 16 (1976): Remedies for Breach of Contract (Courses of Action Open to a Party Aggrieved) Completed in May 1972 Guenter H. Treitel, Gyula Eörsi section   1–6 I. General Introduction 7–39 II. Enforced Performance 7–9    A. Concept of Enforced Performance 10–39    B. Availability of Enforced Performance 10–11       i. General Considerations 12–39       ii. Four Typical Solutions 12–16          a. Enforced Performance Subject to Exceptions 17–29          b. Enforced Performance Based on Content of Obligation 30–37          c. Specific…

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | R | S | T | U | W | Y | Z variation of contract - see modification of contract venire contra factum proprium - see deception Verschuldensprinzip - see fault principle Vertragsstrafe - see penalty clause Vertrauensinteresse - see reliance interest Verwaltungsakt - see administrative act Verzug - see delay Verzugsschaden - see damages for delay vis absoluta - see coercion vis compulsiva - see coercion voidability - 11-98, 274ss, 291s, 302, 320 - see also deception (legal consequences); mistake (legal consequences) Vorteilsausgleichung - see da…

Volume XVI: Civil Procedure | Chapter 7 (2010): Evidence Completed in December 2004. Michele Tartuffo 88. Deciding on facts. – The main function of evidence is to provide the trier of fact with reliable information concerning the truth of the facts in issue: however, at the beginning of a proceeding “facts” appear in the form of statements of fact characterised by the epistemic status of uncertainty (see supra s. 18). In a sense, therefore, deciding about the facts means resolving the uncertainty and determining, on the basis of the evidence presented, whether …

Volume I: National Reports 1976 H. H. Marshall1 General Remarks 1. Introductory. – Throughout its long history Great Britain acquired many overseas territories and possessions, great and small, in all the continents of the globe. They, with the mother country, were, until recently, known as the British Empire. Their political structures and their relationships with the United Kingdom were numerous and varied; and no two territories were identical in constitution or legal status. The policy of successive Un…

Volume IV: Persons and Family | Chapter 4 (1980): Interspousal Relations Completed in June 1975. Some significant subsequent developments have been taken into account. Max Rheinstein, Mary Ann Glendon A. Characteristics and Scope 168. Characteristics of the system. – The systems here under discussion are characterized by the fact that so far as the ownership and control of property are concerned, one starts out from the premise that husband and wife are independent of each other. What each spouse owned before marriage and what he a…

Volume XV: Labour Law | Chapter 0 (2014): Introduction Matthew W. Finkin section   1–3 I. Introduction 4 II. Labor Law in the Pre-Industrial World 5–26 III. The Labor Problems of Early Maturing Industrialization 5    A. Child Labor 6–8    B. Wages and Wage Payment 9–14    C. Work Hours of and Leave from Work 15–18    D. Compensation for Injury, Workplace Safety, and Health 19    E. The Intermittency of Work: Unemployment Compensation 20–22    F. Collective Bargaining and the Resolution of Collective Disputes 23–25    G. Labor Courts and Organs of Arbitration for Disputes Over Rights 26…

Volume II: The Legal Systems of the World/Their Comparison and Unification | Chapter 3 (1984): Sources of Law Completed in January 1981 René David 1. The object of this introduction is to detail what we intend to discuss here and to outline the plan we shall follow in our study. A. Clarification of the Subject 2. Diverging definitions of law. – The problem of the sources of law has given rise to an abundant literature in a number of countries. The richness of the resulting bibliography does not, however, lighten the task of anyone undertaking to present…

Volume I: National Reports 1974 Ibrahima Sall1 The Mali Republic ( République du Mali) is a unitary state and its official language is French. The French Sudan was part of French West Africa, and by the Basic Law ( loi-cadre) of 23 June 1956 it was granted a Council of Government and a Territorial Assembly. Under the name of the Republic of Sudan ( République soudanaise) it became a member state of the Community following the 1958 referendum. The Republic of Sudan joined the Republic of Senegal in a Federation of Mali which became independent on 20 June 1960,…

Volume XIII: Business and Private Organizations | Chapter 12a (1972): Law and Accounting in Business Associations 2nd November, 1966. Detlev F. Vagts 60. In general. – In a world becoming, as we are constantly reminded, ever more closely interrelated, especially on the financial and commercial side, one would expect that the dissimilarities between national accounting rules which we have surveyed would produce jarring conflicts. Actually, there is enough flexibility in most systems to cushion the shocks; often, for exa…

Volume VI: Property and Trust | Chapter 8: Recordation of Interests in Land Completed in October 1997; certain subsequent developments have been taken into account. Alejandro M. Garro 93. – The process of recordation involves, at a minimum, the filing of documents evidencing an interest in land, effecting the proper entries in the public records, and developing suitable mechanisms for the orderly storage and easy retrieval of those documents. Much of the reliability that a given legal system decides to attribute to the inf…

Volume V: Succession | Chapter 8 (2002): Liability for Obligations of the Inheritance Completed December 1995 Michael A. Schwind A. Systems of Inheritance and the Primary Obligor i. General Principles 12. – The concept of the juridical nature of the institution of inheritance is closely linked with the issue of the person held primarily liable for the obligations of the inheritance. A system may be based on the idea that the person of the decedent is succeeded in his rights and obligations by another person or persons or it …

Volume XVII: State and Economy | Chapter 25 (1981): Universal Economic Organizations Alexandrowicz, World Economic Agencies. Law and Practice (London 1962); Bratschi, Allgemeines Zoll- und Handelsabkommen (GATT) (Zürich 1973); Carreau, Juillard and Flory, Droit international économique (Paris 1978); Curzon, Multilateral Commercial Diplomacy – The GATT and Its Impact on National Commercial Policies and Techniques (London 1965); Dam, The GATT. Law and International Economic Organization (Chicago 1970); Fawcett, International Economic Conflicts. Prevention and Re…

Volume IV: Persons and Family | Chapter 5 (2004): Divorce Completed 31 Dec. 1995; several later developments have been taken into account. Bea Verschraegen A. Fault and No-Fault Grounds for Divorce 134. Introduction. – Many countries and states, particularly western ones, would seem to be increasingly adopting no-fault grounds for divorce, including several grounds beyond breakdown of the marriage. On the other hand, many legal systems do not want to entirely exclude fault and retain it in limited situations, such as when the reason …

Volume XVI: Civil Procedure | Chapter 6 (1984): Ordinary Proceedings in First Instance Scandinavian Countries: Completed in December 1982 Benjamin Kaplan and Kevin M. Clermont, Alphonse Kohl, Hans Schima † and Hans Hoyer, Edmund Wengerek †, Per Olof Ekelöf, Enrique Vescovi, Mauro Cappelletti and Bryan Garth Per Ekelöf1 A. Introduction 334. Historical background. – To have an adequate idea of first instance procedure in the Scandinavian countries it is necessary to say something about the circumstances and problems which have been dealt with in a …

Volume VII: Contracts in General | Chapter 15 (1999): Breach of Contract (Deficiencies in a Party’s Performance) (Instruments arranged in reverse chronological order) INTERNATIONAL INSTRUMENTS P.I.C.C. – Principles of International Commercial Contracts ( Unidroit (ed.), Principles of International Commercial Contracts (Rome 1994)); CISG – UN Convention on Contracts for the International Sale of Goods of 11 April 1980, Vienna 10 March to 11 April 1980, Official Records (New York 1981) 179 ss., 19 Int.Leg.Mat. 671 (1980); ULIS – Uniform Law on the International Sale of Go…

Volume IV: Persons and Family | Chapter 9 (1998): Intra-Family Torts Completed December 1996 Salvatore Patti section   1–4 I. Introduction – The Family and the Law of Torts 5–16 II. Torts Between Spouses 5–10    A. Interspousal Immunity 11–16    B. Liability of the Spouses 17–24 III. Torts Between Parent and Child 17–20    A. Parental Immunity 21–24    B. Parental Liability 25 IV. The De Facto Family   List of Principal Works

Volume III: Private International Law | Chapter 7 (1988): The Law Applicable to Preliminary (Incidental) Questions Completed in December 1986 Wilhelm Wengler 14. Reference to legal character of incidental relationship when incidental question is raised by the lex fori. – If a preliminary or incidental question raised by the law governing the principal question is governed by the same legal system as the principal question – for reasons which will have to be examined below ( infra s. 19 ss.) –, the legal relationship constituting the object of the preliminary or incident…

Volume VII: Contracts in General | Chapter 7 (2006): Contract Law of Islam and the Arab Middle East Completed in September 1997 Frank E. Vogel A. Introduction 123. Islamic and Arab law comparisons. – This sub chapter deals with the second part of our task, to explore the relationship of the islamic law studied in subchapter II with the modern law of the arab world. This is undertaken in order to illuminate both bodies of law: for islamic law, to show the extent of its continued relevance; and for the arab laws, to reveal the constituent part, namely islamic law, that more than any other lend…

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | R | S | T | U | V | W | Z yamīn - see oath next section

Volume I: National Reports 1973 Fritz Schwind1 and Herbert Zemen2 The official name of the state is Republic of Austria ( Republik Österreich). I. CONSTITUTIONAL SYSTEM 1. Characteristics of the State a. Subsequent to the disintegration of the Austro-Hungarian monarchy into its successor states, Austria constituted itself as a republic (Statute of 12 Nov. 1918, StGBl. no. 5/1918). b. Austria is a federal state constituted by the following autonomous member states ( Länder): Burgenland, Kärnten (Carinthia), Niederösterreich (Lower Austria), Oberösterreich (Upper Austria), Salz…

Volume VI: Property and Trust | Chapter 5 (1994): Apartment Ownership Completed June 1992 Cornelius G. van der Merwe A. Introduction 278. Most countries recognize that the provisions of the statute are not sufficient to regulate the finer details of administration and community life in an apartment ownership scheme. Special rules and regulations adapted to the characteristics and needs of a particular scheme are needed to achieve harmony in the scheme and to ensure that it is effectively managed. These rules and regulations are designated inter alia as by-laws, règlement de copropri…

Volume XI: Torts | Chapter 13 (1972): Procedural Questions Completed in December 1969 J. A. Jolowicz A. General Principle 106. No legal system can allow the parties to dispose by way of a compromise agreement of every kind of legal dispute which may arise between them. Public policy demands, for example, that disputes affecting a person’s marital status shall be excluded from the possibility of an agreed settlement except, of course, one which leaves the legal relationship of the parties as it was before the dispute arose.1 Speaking generally, however, considerations of public po…

Volume I: National Reports 1974 Q Qatar (H. M. Al-Baharna) Q–1 R Republic of China, see Note R–1 Republic of Korea (P. K. Ryu) R–3 Republic of South Viet-Nam (J. Mrázek) R–13 Republic of Viet-Nam (Le Tai Trien) R–15 Rumania (T. Ionaşco) R–25 Rwanda (N. Ruhashyankiko) R–39 this contribution has been financially sponsored by the stiftung volkswagenwerk in hannover (germany)

Index: A | B | C | D | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Z écart de réévalution - see unrealized appreciation economics, law and - Introd.-13 egyesület - see association Eigenbetrieb - see public corporation, departmental eingezahltes Kapital - see capital, paid-up Eingliederung - see integration Einkommensteuer - see income tax employees’ shares - see shares, employees’ employers’ association - see association endowment - see foundation ente pubblico - see public corporation enterprise agreement - 7-25, 27s, Germany, Federal Republic of 7-26 - business lease 7-25, 55, …

Volume XVI: Civil Procedure | Chapter 1 (1988): Introduction – Policies, Trends and Ideas in Civil Procedure Completed in June 1986 Mauro Cappelletti and Bryant G. Garth A. Introduction 53. In contemporary times a worldwide trend has developed toward the transfer of a growing number of disputes traditionally categorized as civil in nature from the courts to various non-judicial bodies such as administrative agencies,1 special tribunals,2 compulsory arbitrators,3 or state arbitrators.4 The extent to which this transfer has occurred and the forms it has taken depend…

Index: A | B | C | D | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | Y | Z earning capacity, earnings - see compensation; harm; injury, fatal; support, loss economic loss - see compensation; harm economic relations, injury - position in tort system; Common Law, Common Law Countries 2-17 - tort action; Common Law, Common Law Countries 2-125 economics - see accident; accident, traffic; act of a third person; act of the victim; animal, liability for; causation; compensation (limitation); employer’s liability; energy, liability for; financial position of person…

Volume IV: Persons and Family | Chapter 6 (1976): Creation of Relationships of Kinship Completed in July 1975 Harry D. Krause A. Voluntary Acknowledgment i. Principal Approaches 61. Acknowledgment by mother. – The Latin maxim mater semper certa est resolves the question of the child’s relationship with his mother in most systems. Establishment of the mother-child relationship typically means the legal equivalent of legitimacy. Few jurisdictions continue to impose an inferior status vis-à-vis the mother on the illegitimate child although some still limit his right to…

Volume XV: Labour Law | Chapter 4 (2010): Employment Contracts Completed in 1997 with updates in October 2008. Bruno Veneziani A. Civil Law Countries 24. Freedom of form. – One of the commonplaces about labour law is its informal nature. In all the countries examined (except in certain latin american countries and china),1 the rule followed is that of the free choice of form by the parties: the contract of employment may be stipulated in writing, verbally or even tacitly through unequivocal conduct. This is a freedom that can be deduced from the …

Volume VI: Property and Trust | Chapter 7 (2014): Security in Immovables Completed in 2008, with some French references updated to July 2012. Cornelius G. van der Merwe A. Introduction 441. – If the mortgage debtor defaults on his payment, the mortgage creditor can realise his security against the encumbered land and satisfy his claim from the proceeds of the sale of the land. The normal procedure in both western european and anglo-american jurisdictions is to attach the encumbered property in execution and to arrange for realization by judicial or non-judicial sale. Both western europea…

Volume I: National Reports 1980 H. Devis Echandía1 Carlos Bueno-Guzmán2 The official designation of the country is Republic of Colombia ( República de Colombia). According to the Political Constitution of 4 Aug. 1886 (D.O. no. 6758/59 of 7 Aug. 1886 – Const.) Colombia is a unitary republic, characterized as a presidential democracy. This Constitution was supposed to achieve “political centralization” and “administrative decentralization”. Earlier Constitutions (of 1853, 1858, 1863) had established a loose federal syst…

Volume XI: Torts | Chapter 10 (1981): Various Damages (1) Works 1. comparative law: André, Traité élémentaire de la réparation du dommage moral en droit belge et comparé (ed. 2 Brussels 1955–1962, loose-leaf); Bezzola. Der Einfluß des privaten auf die Entwicklung des öffentlichen Schadensersatzrechts in der Schweiz, in Deutschland und in Frankreich (Thesis, Winterthur 1960); Brusiin, Zum Problem des immateriellen Schadens (Annales Universitatis Turkuensis, serie B no. 96) (Turku 1966); Council of Europe, Redress for Non-Material Damage (Colloquy on European Law, Kin…

Volume II: The Legal Systems of the World/Their Comparison and Unification | Chapter 4 (2020): Comparative Law, An Overview of the Discipline 16. Introduction and overview. - The relationship between comparative law and other disciplines has long been a standard topic in most introductions to the field. Defining this relationship has been part of the comparatists’ ongoing effort to define their own subject. This desire to stake out the terrain has, it must be admitted, at times turned into an obsession. Still, looking a…

Index: A | C | D | E | F | G | H | I | J | L | M | N | O | P | R | S | T | U | V | W biological parents - 3-81 - conflicts with adoptive parents Belgium, Brazil, Federal Republic of Germany, France, Japan, MX, Philippines 3-82 - no rights Austria, California, Catalonia, Hungary, Israel, Lichtenstein, Louisiana, Texas, Alabama, Illinois, Western Australia 3-80 next section

Volume XV: Labour Law | Chapter 10 (1990): Equality of Treatment in Employment Completed January 1986 Roger Blanpain A. Development 3. Individual equality is a long-standing aspiration, underlying inter alia the american Declaration of Independence of 4 July 1776 which proclaimed “that all men are created equal, that they are endowed by their Creator with certain inalienable Rights” and the french Declaration of Human Rights of 1789 which stated that “all men are and shall be born free and equal before the law. Social differences may only be established …

Volume XIII: Business and Private Organizations | Chapter 13 (1972): Governmental (Public) Enterprises Completed in 1969 Wolfgang Friedmann Part 1. Concepts and Types of Public Enterprises 1. The title of the present essay gives some indication of the vagueness and ambiguity of the concept of “public enterprise.” The treatment of the subject within the context of a volume principally devoted to commercial corporations is justified by the overwhelming importance of a corporate form of organization for public enterprises c…

Volume III: Private International Law | Chapter 16 (1979): Marriage and Divorce Completed in May 1974; some later developments have been taken into account. Lennart Pålsson 99. Introduction. – This part of the chapter will deal with the conflicts problems relating to divorce and legal separation in so far as they arise in the country in which such relief is sought. Divorce will be understood to mean absolute divorce implying dissolution of the matrimonial bond and setting the parties free to remarry (although that freedom…

Abbreviations: A | B | C | D | E | F | G | H | | I| J | K | L | M | N | O | P | Q | R | T | U | V | W | Y | Z $ Dollar (currency unit) S Schilling, Shekel, Shilling, Sucre (currency units) S. Recueil Sirey. Recueil général des lois et des arrêts, avec notes et commentaires s. section S.A. Société anonyme; Sociedad anónima; South Africa; South African Law Reports SaarlRuStZ Saarländische Rechts- und Steuerzeitschrift SAE Sammlung arbeitsrechtlicher Entscheidungen SAF Svenska Arbetsgivareföreningen SAG Die Schweizerische Aktiengesellschaft SAIF Savings Association Insurance Fund S.AJ.Afr.Aff. South Afri…

Index: A | C | D | E | F | G | H | I | K | L | M | P | R | S | T | U names - Introd.-12; 2-83ss, 103ss, 116ss, 130s, 185ss, 200ss, 213ss - academic degrees 2-207 - additions 2-212 - adoption 2-134ss, 140s, 142; 6-185a - annulled marriage 2-166 - birth name 2-161ss - choice 2-154ss, 163, 187ss, 191ss, 195ss - commercial purposes 2-228ss - common marital name 2-112ss, 150ss, 162 - components 2-84ss, 93, 200ss, Federal Republic of Germany; Germany 2-207 - composite name 2-149 - concept 2-83 - concubinage 2-167s - de facto marriage 2-124 - death of spouse 2-157ss - distinctive elements 2-212 - divorce 2-160ss - equa…

Volume XIII: Business and Private Organizations | Chapter 3 (1974): The Formation of Marketable Share Companies Completed in 1972 Richard M. Buxbaum 53. It is, of course, self-evident that enterprises transact business before they are fully incorporated and become legal entities. This is particularly so when, as will happen at least in the non-american jurisdictions, the company is formed to take over a previously operating business which had been organized in a close corporation or non-corporate form.1 As already mentioned, this factual commonplace is reflected in germany by a p…

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | T | U | V | W Sachnormverweisung - Germany 6-2 sale of movables - 24-233ss - bargaining power, inequality of 24-249 - centre-of-gravity rule; England 24-239 - choice of law, absence of 24-238ss; Germany 24-238; England 24-239; United States (of America) 24-240 - choice of law, presumed; Germany 24-238 - commercial 24-236 - consumer protection 24-249 - consumer sales, public policy 24-249 - Hague Convention 24-241 - proper law, buyer’s habitual residence 24-250 - proper law, lex loci contractus United States (of America) 24-240 - proper l…

Volume VII: Contracts in General | Chapter 13 (1992): Rights of Third Parties: Third Party Beneficiaries and Assignment Completed in September 1990 Hein Kötz A. Definition and Delimitation 58. Assignment – Definition and scope. – The term assignment describes a transaction whereby a contractual right is transferred by its owner, called the assignor, with or without the concurrence of the other party to the contract, to another person, called the assignee. An assignment having been effected, the assignee is entitled to sue the other party to the contract, called the debtor. Sometimes t…

Volume II: The Legal Systems of the World/Their Comparison and Unification | Chapter 3 (1984): Sources of Law Completed in January 1981 René David A. Concept, Existence and Form 40. The concept of a constitution. – A first category of statutes are those which, in a given country, lay down the very foundations of society. These statutes need to be considered separately, because in many countries they enjoy a particular status: they are not adopted, and cannot be amended, in the same way as ordinary statutes; and moreover, any sta…

Index: A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | V | W | Y | Z ultra vires activities - see legal entities, tort liability; state liability ultra-hazardous activities - see activities, dangerous unauthorized driving - see employer’s liability unavoidability - see statistics unavoidable event - see vis major uncle - see family unconsciousness - see enjoyment of life, loss; injury, fatal; lunatic’s liability; pain and suffering undertaking - see injunction unemployment - see compensation (earning capacity) unemployment insurance - see social security Unerlaubte Handlung - se…