Books in the Studies of the Oxford Institute of European and Comparative Law series

The provisions of the French Civil Code governing the law of obligations have remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This work explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. It will make these fundamental reforms accessible to an English-speaking audience.

This wide-ranging collection of essays by international experts explores the changing boundaries of Article 82 EC and considers its recent evolution.

This book considers the original divergence between British and French jurisdictions in terms of public and private law and its relevance today.

This book examines the role of parliaments in modern constitutionalism by comparing various European deliberative institutions.

This book examines the principal trends and policy goals relating to collective redress mechanisms in Europe.

This book is a collection of studies by leading English and French experts, analysing current perspectives of insolvency and financial law in Europe.

This is the first publication to introduce the Avant-projet de reforme du droit des obligations et de la prescription to an English audience.

This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law.The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed EU unitary patent system. Pila and Wadlow take a uniquely broad approach, offering a number of different perspectives.

The purpose of this book is to explore the key substantive, methodological, and institutional issues raised by the proposed EU unitary patent system. Pila and Wadlow take a uniquely broad approach, offering a number of different perspectives.

The volume illustrates how interdisciplinary scholarship belongs at the centre of any discussion of the economic crisis, and indeed regulation theory more generally. This is a timely exploration of cutting-edge issues of financial regulation.

The involvement of the EU in regulating private conduct and the relationships between individuals is increasing. EU law thus affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume explores the involvement of EU law in private law relationships.

This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present.

While the legal systems of the United Kingdom and Germany differ in essential respects, the current process of 'constitutionalisation' is well recognised on both sides of the Channel. Using human rights law as a good example of this process, the aim of this book is to provide a comparative UK-German perspective on recent developments.

This book offers fresh perspectives on both theoretical and practical aspects of constitutional pluralism, and includes contributions taking opposing perspectives - some defending and promoting the concept of constitutional pluralism, some criticising and opposing it.