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Elgar Encyclopedia Of Comparative Law

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Elgar Encyclopedia Of Comparative Law

Jan M. Smits

Edited by Jan M. Smits, Professor of European Private Law, Faculty of Law, Maastricht University, Netherlands

2006 840 pp Hardback 978 1 84542 013 0
2008 Paperback 978 1 84720 616 9
ebook isbn 978 1 84720 020 4

Hardback £186.00 on-line price £167.40

Paperback £60.00 on-line price £48.00

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Series: Elgar original reference



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Description
‘The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law.’
– The Commonwealth Lawyer

Contents
Contributors: M. Abe, D. Bradley, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M. Deturbide, R. Dotevall, M.J. de Waal, J.E. du Plessis, M.G. Faure, J. Fedtke, F. Ferrari, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, M. Hunter-Henin, J. Husa, N. Jansen, A.J. Kanning, S.M. Kröll, S.D. Lindenbergh, G. Lubbe, B. Lurger, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O’Cinneide, A.E. Örücü, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, V. Thuronyi, M. Torsello, A. Vacquer, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, R. Verhagen, R. Verkerk, D. Visser, L. van Vliet, S. Vogenauer, M. Vranken, H.M. Watt, S. Weatherill, T. Weigend, B. Wessels, J. Ziller, P. Zumbansen

Further information

‘This is a very important and immense book. . . Single-handedly, Smits has reviewed and checked this immense work to bring it to its final high standard in quality and accuracy and selection of laws.’
– The Criminal Lawyer

‘This is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar’s. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.’
– Sally Ramage, The Criminal Lawyer

‘The entries are written in a lucid and accessible style, with appropriate references being given for further research. All in all, a substantial work which will delight enthusiasts of comparative law.’
– The Commonwealth Lawyer

‘The breadth of topics plus the bibliographies allows a reader to use the Elgar Encyclopedia as an initial entry into a field of law, a specific topic, or a legal system. . . Any law library, business library, large public library, or academic library supporting the study of international law or international business will want to have [it] in its collection. . . This work is highly recommended.’
– Ladyjane Hickey, American Reference Books Annual

‘Comparative law is the comparison of law and legal systems from around the world. At one time it was a field of limited interest and academic participation. However, increasing globalization, whether of commerce or culture, makes it imperative that citizens learn more about the law of other countries. That is the premise of this comprehensive new research tool designed for general readers. Some 70 articles address topics as diverse as accident compensation, legal culture, the European Civil Code, and the law and legal systems of a selected set of nations. . . This single-volume work provides an excellent comprehensive overview of the current state of affairs in comparative law. Highly recommended. Lower-level undergraduates and above; general readers.’
– J.E. Stephens, Choice

‘The timely publication of this encyclopedia reflects what is happening [in international law] and, in a field where works (even student textbooks) are often expensive, it comes at an attractive price.’
– Stuart Hannabuss, Reference Reviews

‘The Elgar Encyclopedia of Comparative Law looks set to become an indispensable source for the ever increasing body of lawyers needing accurate information on the structure and working of foreign systems as well as on points of a substantive law. Edited by Professor Jan Smits of Maastricht University the Encyclopedia is the work of an extremely strong international team of noted specialists. Comprising articles on the nature, methodology and focus of comparative law, on the legal systems of particular jurisdictions and on matters of substantive law, the work should be a very significant contribution to the literature. It seems likely that the contributions on the “comparative state of affairs” in particular fields of substantive law will be an especially valuable aspect of the work. There will be 37 such articles from “accident compensation” to “unjustified enrichment” with “mistake”, “personality rights”, “product liability” and “transfer of moveable property” only a sample of what the work will offer. Casting over this list one is again struck by the wealth of established expertise brought together in the Encyclopedia. I have little doubt that I can speak for the worldwide community of comparative lawyers in saying that the Elgar Encyclopedia of Comparative Law is eagerly awaited.’
– David L. Carey Miller, University of Aberdeen, UK

‘Comparative law is moving swiftly from a long infancy to teenage maturity, and Jan Smits provides the essential tonic. In this outstanding work he has gathered together leading scholars, each his/her own field. Some entries, articles rather, deal with the law of one state, or with one subject, or with comparisons between societies. Each chapter is written with great authority. I agree with many of the arguments and disagree with others. This is the nature of healthy adolescence. The volume is a great advance of comparative law scholarship. I am immensely grateful to Professor Smits.’
– Alan Watson, University of Georgia, US

‘The list of contributors is truly impressive, not only for its length (69 authors) and its geographic and jurisdictional diversity (22 jurisdictions), but also for its high calibre. The list includes some of the most accomplished comparatists of our time, as well as many of the rising stars of the new generation. Their combined experience and effort should reward even the most demanding of readers.’
– Symeon C. Symeonides, Willamette University College of Law, US

The first of its kind, this comprehensive Encyclopedia on comparative law takes stock of present-day comparative law scholarship.

Written by authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries legal systems and as a whole presents an overview of the current state of affairs.

Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially students and scholars.

Full table of contents

Contents:

Preface
Jan M. Smits

1. Accident Compensation
Michael G. Faure

2. Administrative Law
Hanns Peter Nehl

3. Agency and Representation
Hendrick Verhagen

4. Aims of Comparative Law
H. Patrick Glenn

5. American Law (United States)
Ralf Michaels

6. Arbitration
Stefan M. Kröll

7. Assignment
Brigitta Lurger

8. Australia
Martin Vranken

9. Belgium
Nathalie Van Leuven

10. Canada
Michael Deturbide

11. Civil Procedure
C.H. (Remco) van Rhee and Remme Verkerk

12. Commercial Regulation
Luke Nottage

13. Common Law
Geoffrey Samuel

14. Comparative Law and Economics
Raffaele Caterina

15. Competition Law
Damien Geradin

16. Consideration
James Gordley

17. Constitutional Law
Monica Claes

18. Consumer Protection
Stephen Weatherill

19. Coordination of Legal Systems
Arnald J. Kanning

20. Criminal Law and Criminal Procedure
Thomas Weigend

21. The Czech Republic
Bohumil Havel

22. Damages (in tort)
Siewert D. Lindenbergh

23. England and Wales
Damian Smith

24. European Civil Code
Nils Jansen

25. Family Law
David Bradley

26. German Law
Martin J. Schermaier

27. Greece
Eugenia Dacoronia

28. Insolvency Law
Bob Wessels

29. Insurance Law
Herman Cousy

30. Interpretation of Contracts
Jacques H. Herbots

31. Israel
Gabriela Shalev

32. Italy
Barbara Pozzo

33. Japanese Law
Masaki Abe and Luke Nottage

34. Legal Culture
David Nelken

35. Legal Families
Jaakko Husa

36. Legal History and Comparative Law
Eltjo Schrage and Viola Heutger

37. Legal Reasoning
Jaap Hage

38. Legal Translation
Gerard-René de Groot

39. Legal Transplants
Jörg Fedtke

40. Lithuania
Laura Slepaite

41. Methodology of Comparative Law
A. Esin Örücü

42. Mistake
Gerhard Lubbe

43. Mixed Jurisdictions
Vernon Valentine Palmer

44. Nationality Law
Gerard-René de Groot

45. The Netherlands
Jan M. Smits

46. Offer and Acceptance Inter Absentes
Franco Ferrari

47. Personal and Real Security
J.H.M. (Sjef) van Erp

48. Personality Rights
Johann Neethling

49. Poland
Michal Gondek

50. Privacy
Colm O’Cinneide, Myriam Hunter-Henin and Jörg Fedtke

51. Private International Law
Horatia Muir Watt

52. Product Liability
Geraint Howells

53. Property and Real Rights
J. Michael Milo

54. Public Law
Jacques Ziller

55. Remedies for Breach of Contract
Marco Torsello

56. Russian Law
William E. Butler

57. Scots Law
Hector L. MacQueen

58. Social Security
Frans Pennings

59. South Africa
Jacques E. du Plessis

60. Spain
Antoni Vaquer

61. Statutory Interpretation
Stefan Vogenauer

62. Supervening Events and Force Majeure
Martin Schmidt-Kessel and Katrin Mayer

63. Sweden
Rolf Dotevall

64. Switzerland
Pascal Pichonnaz

65. Tax Law
Victor Thuronyi

66. Tort Law in General
Ulrich Magnus

67. Transfer of Movable Property
Lars van Vliet

68. Transnational Law
Peer Zumbansen

69. Trust Law
Marius J. de Waal

70. Unjustified Enrichment
Daniel Visser

Index



 
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