Books in the Ius Commune: European and Comparative Law Series series

This book evaluates the application of the first autonomous European civil procedures: the European Order for Payment and the European Small Claims Procedure.

This book examines the regulation of the inter-provincial establishment of companies in China and the EU regulation of the cross-border establishment of companies from the perspective of comparative law and economics.

This book discusses the impact of EU law on selected national legal systems. The authors analyse how the civil procedure system of their country has reacted to increasing Europeanisation and influence of EU law.

Property Law Perspectives IV shows that attention is still being paid to the roots of property law.

This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory.

The book presents a proposal for a harmonised European liability regime and discusses possibilities to enhance the feasibility of such a reform. It calls for a stronger involvement of the public in the nuclear sector and emphasises the intrinsic link between effective safety regulation and liability and compensation mechanisms.

Technological and economical developments require contracting parties to be informed and advised. This book analyses several aspects of these information and notification duties.

Risk taking in business contributes towards innovation while excessive risk taking is associated with corporate failure. This book illustrates how insurance against personal liability of the manager threatens but also benefits society and the economy

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence.

The book contains a comparative analysis of mutual recognition in the internal market and the Area of Freedom, Security and Justice. It assesses mutual recognition in the context of the aims of both areas, the principles of European law and norms laid down in primary and secondary EU law.

This book results from the Contract Law Workshop of the 20th Ius Commune Conference held 26-27 November 2015. The theme of this Workshop was: The French Contract Law Reform: a Source of Inspiration? Since the conference in November 2015, all authors have incorporated comments on the final version of the ordonnance.

Managing scarcity to serve the public interest is a classic government task. An important way to execute this task is by allocating individual rights that are only available in limited quantities, such as CO2 emission allowances, gambling licences, subsidies, radio frequencies, public contracts and parking permits.

In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised.

This book argues that motives for committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract.

This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands and England and Wales - focuses on the right to interpretation and translation; the right to information and the letter of rights; and the right to legal assistance before and during police interrogation.