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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…