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Books on the topic 'Things (law) – france'

Author: Grafiati

Published: 28 July 2024

Last updated: 31 July 2025

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1

Kriven'kiy, Aleksandr. The origin and development of private international law (XII-XX centuries). INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1484524.

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The monograph examines the issues of the origin, formation and development of private international law (MCHP) as a science and an independent branch of law. The development of conflict (conflict of laws) law is shown starting from the XII century and ending with the beginning of the XX century, more precisely, 1917. In particular, the main historical stages of the development of the science of private international law in Europe by lawyers from Italy, France, Holland, Germany, England and Russia up to the beginning of the XX century are highlighted. The main ideas and doctrines in the science

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P, AYNES L. MALAURIE. DROIT DES BIENS 7EME EDITION (DROIT CIVIL) (French Edition). LGDJ, 2017.

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3

Olivier, Hubert. 14 France. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0014.

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This chapter examines the law of set-off in France and how the country's bankruptcy law may affect the effectiveness of set-off. In France, set-off has been reaffirmed by specific rules regarding the netting of derivative products or by the EU Directive on Financial Collateral Arrangements (Collateral Directive). Other laws with relevant provisions for set-off include the French Civil Code and the French Monetary and Financial Code. The chapter first provides an overview of set-off between solvent parties, focusing on legal set-off, contractual set-off, enhanced set-off of financial obligation

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Sica, Emanuele. The Italian Armistice Commission with France (CIAF). University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252039850.003.0003.

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This chapter focuses on the role of the Commissione di Armistizio con la Francia (Italian Armistice Commission with France), or CIAF, in the Italian occupation of France. The CIAF, created after the Armistice of Villa Incisa, was officially invested with the task of ensuring that the clauses of the Franco-Italian armistice were not infringed by the new French state, the Vichy regime led by Marshal Philippe Pétain. More important, its officials in France proclaimed themselves as paladins of the Italian community of the French Riviera. Their welfare campaign, far from being moved on humanitarian

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Steiner, Eva. The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0013.

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This chapter examines the law of contract in France and discusses the milestone reform of French contract law. While this new legislation introduces a fresh equilibrium between the contracting parties and enhances accessibility and legal certainty in contract, it does not radically change the state of the law in this area. In addition, it does not strongly impact the traditional philosophical foundations of the law of contract. The reform, in short, looks more like a tidying up operation rather than a far-reaching transformation of the law. Therefore, the chapter argues that it is questionable

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Maxwell, Winston J. Systematic Government Access to Private-Sector Data in France. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190685515.003.0002.

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This chapter focuses on France’s legal framework for access to private-sector data by law enforcement and intelligence agencies. Post-9/11, France enacted provisions to require telecommunications operators and providers of hosting services to retain significant amounts of metadata. The French laws on data retention went beyond the scope of the now-invalidated EU directive on data retention, and the French laws remain on the books today in spite of a recent CJEU decision holding that similar laws in the UK and Sweden violate fundamental rights. France’s intelligence agencies have wide-ranging p

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Hespanha, António. Southern Europe (Italy, Iberian Peninsula, France). Edited by Heikki Pihlajamäki, Markus D. Dubber, and Mark Godfrey. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780198785521.013.17.

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In this chapter, law is taken as a set of related communicative systems. The idea of legal communicative systems or spheres emphasizes the coexistence of a plurality of laws according to factors of differentiation other than global entities, mostly related to a nation state pre-comprehension, like ‘races’ or ‘nations’, ‘kingdoms’. What would matter would be the setting of shared dispositives of ‘telling (uncovering, creating) law’. This approach problematizes established assumptions, like the separation between ‘romanistic’ and ‘germanistic’ laws, the all-inclusiveness of ‘national’ or state l

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Steiner, Eva. Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0011.

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This chapter concerns French administrative law. It examines the characteristic features and principal rules, procedures, and remedies related to administrative activities. The chapter also considers administrative law in its historical perspective and how this has led to a major structural distinction which has been applied in France since the 1789 Revolution the distinction between public and private ‘functions’. It is important to note that in the last decades, there has been a significant impact of EU law on the development of administrative law in the legal system of EU Member States, inc

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Steiner, Eva. Law Reform. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0005.

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This chapter assesses the process of law reform in France. Although a full-time Commission has been set up in France to deal with the codification of the law, no similar permanent institution exists for keeping the law under review and for making recommendations for its systematic reform. There is thus no French equivalent for the Law Commission such as in other countries. Therefore law reform initiative has been left entirely to government departments and Members of Parliament and this is confirmed by the 1958 Constitution. Consequently, in practice, the majority of bills have their origin in

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Gilles, Cuniberti, and Rueda Isabelle. 9 National Report for France. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198727293.003.0009.

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This chapter discusses the law on creditor claims in France. French insolvency law has traditionally been unfriendly to creditors benefitting from contractual security interests. Unlike most other legal systems, insolvency claims secured by contractual security interests over certain assets of the debtor do not enjoy the right to be satisfied from the secured assets in priority to all other claims. The treatment of creditor claims is also similar among various insolvency proceedings. In reorganization proceedings (sauvegarde or redressement judiciaire), post-commencement claims are more common

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Evans, Christine Ann. French Historical Narrative and the Fall of France. The Rowman & Littlefield Publishing Group, 2022. https://doi.org/10.5040/9781978732469.

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The fall of France in June 1940, La Débâcle, posed a challenge to France's understanding of itself. Could the existing “sacred” narrative of French history established by the Third Republic hold in the face of the defeat of France’s military and political systems, both built upon its foundations? The French Historical Narrative and the Fall of France: Simone Weil and her Contemporaries Face the Debacle focuses on assessments of the Debacle and places Simone Weil's writings of 1938 to 1943 within this continuum. This study recreates the debate in those fraught years to posit a “horizon of expec

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Marshall, Bill, ed. France and the Americas. ABC-CLIO, 2005. http://dx.doi.org/10.5040/9798400653506.

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A unique, multidisciplinary encyclopedia covering the impacts that French and American politics, foreign policy, and culture have had on shaping each country's identity. From 17th-century fur traders in Canada to 21st-century peacekeepers in Haiti, from France's decisive role in the Revolutionary War leading to the creation of the United States to recent disagreements over Iraq,France and the Americascharts the history of the inextricable links between France and the nations of the Americas. This comprehensive survey features an incisive introduction and a chronology of key events, spanning 40

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Steiner, Eva. French Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.001.0001.

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This second edition provides an authoritative, thorough, and updated account of the French Legal System and its internal workings. It explains both the institutions and substantive law along with the methodology that underpins the system. As well as being a key to understanding the civil law way of thinking, the book focuses on the various processes that go into making and enforcing law in France. Landmark legal cases that have shaped modern French law are discussed within the particular area of law under scrutiny. Illuminating and insightful comparisons to other legal jurisdictions, especiall

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Carrol, Alison. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198803911.003.0001.

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The introduction offers a brief overview of Alsace’s return to France, situates the study within the literature on nations, nationalisms, and borders, and introduces the major arguments and the approach of the book. It outlines the multiple dimensions of the return of Alsace to France (laws, administration, society, politics, economics, culture, and the landscape), and suggests that these discrete aspects of daily life were shaped by the border. Indeed, the remarkable element in the story of Alsace’s return to France, the introduction suggests, is that in spite of the change of national regime

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Jean-Bernard, Auby, and Morabito Marcel. 6 Evolution and Gestalt of the French State. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198726401.003.0006.

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This chapter provides an overview of the historical developments of administrative law in France. It first describes the bases of the French model, before considering the initial implantation of administrative law and the establishment of the ‘classical’ French administrative law. French administrative law reached its apex around 1900, that is, it acquired its main characteristics — to which it remains largely faithful — in the early twentieth century. This was the outcome of progressive evolution in which the continued affirmation of what can be called an ‘administrative state’ and the defini

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Wood, Laurie M. Archipelago of Justice. Yale University Press, 2020. http://dx.doi.org/10.12987/yale/9780300244007.001.0001.

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An examination of France’s Atlantic and Indian Ocean empires through the stories of the little known people who built it. This book is a groundbreaking evaluation of the interwoven trajectories of the people, such as itinerant ship-workers and colonial magistrates, who built France’s first empire between 1680 and 1780 in the Atlantic and Indian Oceans. These imperial subjects sought new political and legal influence via law courts, with strategies that reflected local and regional priorities, particularly regarding slavery, war, and trade. Laurie M. Wood focuses largely on appellate courts in

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Antoine, Maffei, and Cazali Jean-Renaud. 13 Project Finance in Civil Law Jurisdictions. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0014.

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This chapter analyses the origins of project financing under civil law since the origins of the concession systems, especially in France, and its influence on the project financing and on the existing legal corpus applicable to public contracts. A large part of the chapter is dedicated to the issues arising from secured lending and to the various types of security interests available in civil law jurisdictions. The authors also describe the OHADA legal system seeking to harmonize business laws in Africa. The OHADA is deeply influenced by French civil law. A recent reform relating to security h

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Alexandra, Hofer. Part 1 The Cold War Era (1945–89), 4 The Suez Crisis—1956. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0004.

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This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially u

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Kim, Marie Seong-Hak. Custom, Law, and Monarchy. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192845498.001.0001.

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Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law that together formed jus commune, royal edicts and ordinances, and judicial decisions, all coexisting with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were the defining features of the monarchical era. A key subject in European legal history is the metamorphosis of popular customs into customary law, which covered a broad spect

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Reid, Kenneth G. C., Marius J. de Waal, and Reinhard Zimmermann, eds. Comparative Succession Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850397.001.0001.

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This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person’s will to obtain money or assets (or more money or assets) from the person’s estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased’s estate or of its value on certain members of the deceased’s family, and especially on the deceased’s children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the

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Carole, Malinvaud, and Camboulive Christian. 13 Paris. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780199655717.003.0014.

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This chapter evaluates the merits of Paris as a venue for international arbitration proceedings. It discusses the history and development of arbitration in France; the processes and rules involved as well as the role of courts in the conduct of arbitration proceedings; and rules for arbitral awards. It concludes that the new French arbitration regime, resulting from the January 13, 2011 reform, continues to distinguish French arbitration law from the United Nations Commission on International Trade Law (UNCITRAL) Model Law. This new regime confirms the longstanding supportive approach of Franc

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Anne, Lagerwall. Part 3 The Post 9/11-Era (2001–), 62 Threats of and Actual Military Strikes Against Syria—2013 and 2017. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0062.

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This chapter examines the threats of military intervention expressed by the United States, the United Kingdom and France in reaction to the use of chemical weapons during an attack in the Ghouta area of Damascus in 2013 as well as the military strikes launched by the United States following the use of chemical weapons during an attack in the Khan Sheikhun area of Southern Idlib in 2017. After recalling the facts and context of the Syrian crisis, it studies the legal positions of the main protagonists (the United States, the United Kingdom and France) and the reactions of third States and inter

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Loughlin, Martin. Law as Institution. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810223.003.0007.

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Institutionalism is a theory that maintains that law is neither norm nor command but institution. It emerges in the late-nineteenth century primarily through the work of Hauriou in France and Romano in Italy. Their innovative studies are shaped by reflecting on the effects of social and economic change on law, which manifests itself primarily in the emergence of administrative law. In this chapter the importance of institutional jurisprudence is assessed by examining its historical context and offering reflections on its continuing significance. It argues that, partly because of the lack of En

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Jan, Klabbers. 1 Legal Status (Personality), 1.5 Cases 7/56 and 3/57–7/57, Algera, Court of Justice of the EC, [1957–8] ECR 39 and Case C-327/91, France v Commission , Court of Justice of the EC, [1994] ECR I-3641. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0007.

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This note discusses two classic decisions of the CJEU involving the (possible) annulment of administrative measures. In Algera, it concerned an employment decision; in France v Commission, the decision to adopt an informal international agreement. The Court on both occasions sketches some of the requirements, and both cases shed an intriguing light on the ever-problematic relationship between EU law and international law.

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Kischel, Uwe. Comparative Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198791355.001.0001.

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This translation of Rechtsvergleichung offers a critical introduction to the central tenets of comparative legal scholarship. The first part of the book is dedicated to general aspects of comparative law. The controversial question of methods, in particular, is addressed by explaining and discussing different approaches, and by developing a contextual approach that seeks to engage with real-world issues and give a practitioner’s angle on contemporary comparative legal scholarship. The second part of the book offers a detailed treatment of the major legal contexts across the globe, including co

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Burchett, Julia, and Anne Weyembergh, eds. Stronger Victims’ Rights in EU Law? Hart Publishing, 2025. https://doi.org/10.5040/9781509975389.

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This collection looks at the protection of victims’ rights in EU law. Taking a four-part approach, it firstly focuses on the Victims’ Rights Directive and the proposal for a Directive on combating violence against women. It then explores victims’ rights in the national laws of the Member States, including France, Germany, Hungary, the Netherlands, Romania, Lithuania and Ireland. Finally it analyses the main challenges in the field and the need for coherence between the different competing interests.

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Tarcisio, Gazzini. Part 2 The Post-Cold War Era (1990–2000), 39 Intervention in Iraq’s Kurdish Region and the Creation of the No-Fly Zones in Northern and Southern Iraq—1991–2003. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0039.

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This chapter discusses the main legal issues related to the military operations carried out by the United States, the United Kingdom and France for the protection of the Kurds in Northern Iraq as well as the Shiites and Marsh Arabs in Southern Iraq between the conclusion of the Gulf War (1990-91) and the 2003 military intervention in Iraq. Particular attention is paid to the legal effects of the relevant Security Council resolutions as well as the claim to intervene on humanitarian grounds.

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Gerner-Beuerle, Carsten, and Michael Anderson Schillig. Comparative Company Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780199572205.001.0001.

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This book provides an exposition of company law from a comparative perspective. It analyses important policy issues in the area of company law, including the emergence and nature of the business corporation, EU company law, incorporation and corporate representation, agency problems in the firm, rights of stakeholders and shareholders, minority shareholder protection in corporate control transactions, legal capital, and piercing the corporate veil, as well as corporate insolvency and restructuring law. The book’s main focus is the law of public and private companies in the common law sense (th

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Becker, Ulrich, and Olga Chesalina, eds. Social Law 4.0. Nomos Verlagsgesellschaft mbH & Co. KG, 2021. http://dx.doi.org/10.5771/9783748912002.

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Digitalisation and the changing world of work are calling into question the standard employment model as a basis for social security systems. Whilst a growing number of publications deal with the consequences for industrial relations and labour law, social law is still being left out of most research projects on digital work. This book aims at widening the perspective. It concentrates on the two most important questions in the context of social protection in a digitalised world, namely access to social protection systems and their future financing, putting emphasis on platform work. It gives a

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Roberts, Anthea. Patterns of Difference and Dominance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190696412.003.0005.

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This chapter examines three implications of these patterns of difference and dominance for the wider field of international law. First, although most legal academies and law schools remain relatively nationalized, there are outliers that are significantly more internationalized than their counterparts. Different academies also evidence different strengths and areas that are ripe for future development. Second, the existence of distinct national or regional communities of international lawyers may result in substantial disconnects developing within the field, such as in debates about Crimea and

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Michel, Fromont. 16 A Typology of Administrative Law in Europe. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198726401.003.0016.

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This chapter examines the diversity of administrative law in European states. It considers administrative-law orders that have remained unique as well as those which have been influential. Three archetypes of administrative law provide the focal point for this discussion: Great Britain, France, and Germany. These three states have propagated their own system of administrative law throughout Europe, either in the shadow of their military and political power, through their economic significance, or through the influence of their legal scholarship. Groups or families of countries have grown aroun

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Loughlin, Martin. Burke on Law, Revolution, and Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198810223.003.0005.

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This chapter presents the main themes of Edmund Burke’s political jurisprudence. It suggests that those themes can be derived from the political stance he took on the four great issues of world affairs that most occupied the attention of his times: the revolutions in North America and in France, and the status of Ireland and India within the British Empire. It argues that Burke maintains a relatively consistent position over each of these controversies and that this derives from the main tenets of his political jurisprudence which rejected the type of metaphysical reasoning prominently exhibit

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Eidenmüller, Horst. Comparative Corporate Insolvency Law. Edited by Jeffrey N. Gordon and Wolf-Georg Ringe. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198743682.013.42.

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This chapter deals with fundamental issues of corporate insolvency (bankruptcy) law. Particular attention is paid to the agency problems related to “insolvency (bankruptcy) governance” of corporations and how these problems are addressed in various jurisdictions. Methodologically, the chapter is based on a functional approach that compares different legal regimes against the yardstick of economic efficiency. The structure of the chapter follows the issues as they arise in time in a corporate insolvency proceeding: objectives of insolvency laws, opening and governance of proceedings, ranking of

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Santiago, Villalpando. 6 Responsibility, 6.6 Agim Behrami and Bekir Behrami v France , App. No. 71412/01 and Ruzhdi Saramati v France, Germany, and Norway , App. No. 78166/01, European Court of Human Rights, 2 May 2007. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0034.

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In 2007, the European Court of Human Rights issued a landmark decision on the admissibility of two applications (Behrami and Saramati) concerning events that had taken place in Kosovo subsequent to Security Council Resolution 1244 (1999). This note examines the two main legal findings of this decision, namely (i) that the impugned actions and omissions were, in principle, attributable to the United Nations, and (ii) that this attribution implied that the respondent states could not be held accountable for such actions and omissions under the Convention. The note deconstructs the reasoning of t

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Benjamin, Schindler. 12 Evolution and Gestalt of the Swiss State. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198726401.003.0012.

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This chapter highlights the features and development of administrative law in Switzerland. Historically speaking, a peculiarity of the Swiss state and its administration is a lack of a monarchic past and a weakness of bureaucratic tradition. Another characteristic element of Swiss public authorities is the slow growth of their structure from bottom (municipalities, cantons) to top (federal level). Thus, Switzerland is one of the most decentralized countries of Europe. The lack of a central and bureaucratic administration means that the administrative law's emancipation in Switzerland started n

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Wood, Philip R. Governing Law Risks in International Business Transactions. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780192888648.001.0001.

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Abstract This book is about the advantages and the risks involved in the choice of law governing an international contract or other transaction, plus the accompanying choice of courts, in the fields of wholesale (non-consumer) financial, corporate, commercial, and insolvency law—broadly business law—on a comparative basis. The book discusses how to reduce legal risk by choice of law and courts. It proposes about seventy key indicators to rank the four main jurisdictions of England, New York, France, and Germany, together with their families of law numbering about 320 jurisdictions in the world

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Foster, Nigel. Foster on EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198794608.001.0001.

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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a consideration o

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Taitz, Emily. The Jews of Medieval France. Greenwood Press, 1994. http://dx.doi.org/10.5040/9798400674310.

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This book studies the Jewish community of Champagne from the fifth century to the expulsion of 1306. It documents the growth and decline of the community, examines its interrelationships with the larger Christian culture, and presents a model for the study of other communities. The economic and political consolidation of the county, coupled with the development of Jewish self-government and a system of education in Talmudic law, were important factors in the growth of Champagne’s Jewish community. The subsequent decline of the community in the mid-13th century was also attributable to economic

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Dire, Tladi. Part 3 The Post 9/11-Era (2001–), 58 The Intervention in Côte d’Ivoire—2011. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0058.

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This chapter examines the intervention in Côte d’Ivoire by French and UN Forces following the disputed elections in Côte d’Ivoire. It begins by setting out the facts that led to the 2011 post-election violence and the sets out the facts surrounding the intervention by French and UN Forces. It then sets out the positions of the main protagonists (mainly France, ECOWAS, the United States and the UN Secretariat) and the positions of other member States of the United Nations (in particular Russia, Brazil and South Africa). The chapter then assesses the intervention, in particular by the French for

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Busch, Danny, and Matthias Lehmann, eds. Prospectus Liability Rules in Europe and Beyond. Oxford University Press, 2025. https://doi.org/10.1093/law/9780198928348.001.0001.

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Abstract Companies in the European Union must publish a prospectus that complies with the detailed information requirements under the Prospectus Regulation before they can offer securities to the investing public. However, the regulation does not feature uniform liability rules, and the applicable national rules vary from one Member State to another. This hinders the development of fully integrated European capital markets. Through a comparative investigation into the rules in selected EU Member States (Germany, France, Italy, Spain, Poland, the Netherlands, Luxembourg, and Ireland), and in se

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Foster, Nigel. Foster on EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198839804.001.0001.

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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas including free movement of goods, free movement of persons, citizenship, and competition law including state aids. This clear two-part structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law including UN Resolutions. It includes a consideration of EU law and the UK, including a considerati

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Silja, Schaffstein. Part I The Doctrine of Res Judicata in Litigation, 1 The Doctrine of Res Judicata in Domestic Laws. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198715610.003.0002.

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This chapter analyses and compares the application of the res judicata doctrine in common and civil law countries. Res judicata is the principle that a matter may not, generally, be relitigated once it has been judged on the merits. The doctrine of res judicata is well established in common law jurisdictions, and allows for several res judicata pleas, namely the plea of cause of action estoppel, issue estoppel, former recovery, or abuse of process. On the other hand, the doctrine of res judicata in civil law countries recognises only one plea. In France, for instance, the doctrine of res judic

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Davis, Howard. Human Rights Law Directions. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871347.001.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Self-test questions and exam questions help readers to engage fully with each subject and check their understanding as they progress. Human Rights Law Directions has been written expressly to guide you through your study of human rights law, and to explain clearly and concisely the key areas of this fascinating subject. Combining academic quality with innovative learning features and online support, this is an ideal text for those studying human rights

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Steible, Bettina. Ensuring compliance with International Humanitarian Law: the EU, France, and Spain. Universidad Pública de Navarra / Nafarroako Unibertsitate Publikoa, 2020. http://dx.doi.org/10.48035/978-84-9769-359-2.

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Contemporary armed conflicts in different parts of the world, most notably in Syria, have shown that one of the greatest challenges of International Humanitarian Law (hereafter, ‘IHL’) is the lack of a centralized monitoring mechanism in charge of ensuring that it is correctly applied and enforced. While it is difficult to have access to reliable figures on the number of civilian casualties in armed conflicts, there is no doubt that too many men, women, and children are killed unlawfully every day in blatant violation of IHL. Against this background, the involvement of the European Union (here

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McSweeney, Thomas J. Priests of the Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198845454.001.0001.

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Priests of the Law tells the story of the first people in the history of the common law to think of themselves as legal professionals: the group of justices who wrote the celebrated treatise known as Bracton. It offers a new interpretation of Bracton and its authors. Bracton was not so much an attempt to explain or reform the early common law as it was an attempt to establish the status and authority of the king’s justices. The justices who wrote it were some of the first people to work full-time in England’s royal courts, at a time when they had no obvious model for the legal professional. Th

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Reid, Kenneth G. C., Jan Peter Schmidt, and Reinhard Zimmermann, eds. Comparative Succession Law. Oxford University PressOxford, 2025. https://doi.org/10.1093/oso/9780198939108.001.0001.

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Abstract The book is a historical and comparative study of how and by whom the estates of deceased persons are administered, drawing upon the leading legal traditions of Europe and beyond. When a person dies, his or her assets (or their value) fall to be transferred to those entitled to succeed to them, whether in terms of the deceased’s will or, in the absence of a will, according to the rules of intestate succession. Along the way, the assets have to be identified, located, collected in, and safeguarded. Debts owed by the deceased or arising from the death must likewise be identified and the

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Kaj, Hobér, and Eliasson Nils. Part VI The Post-Award Phase, 28 Review of non-ICSID Awards by National Courts. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198758082.003.0028.

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In investment arbitration, just as in private commercial, the final award is often merely the starting shot for challenge and/or enforcement proceedings that may take as long as, or even longer than, the prior proceedings. This chapter discusses the challenge and review of investment treaty awards in municipal courts, based on 38 cases from 12 different jurisdictions: Belgium, Canada, Czech Republic, England, France, Germany, The Netherlands, Russia, Sweden, Switzerland, Singapore, and the United States. Most Canadian and US cases challenge NAFTA awards, whereas most European cases challenge b

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Foster, Nigel. Foster on EU Law. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897961.001.0001.

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Foster on EU Law offers an account of the institutions and procedures of the EU legal system as well as focused analysis of key substantive areas, including free movement of goods; free movement of persons; citizenship; and competition law, including state aids. This clear structure provides a solid foundation in the mechanisms and applications of EU law. The book considers the supremacy of EU law in relation to ordinary domestic law, member state constitutional law, and international law, including UN Resolutions. It includes a consideration of EU law and Germany and France, as well as a brie

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Ronán, Long. 29 North-East Atlantic and the North Sea. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715481.003.0029.

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This chapter assesses the legal regime of the North-East Atlantic and the North Sea. It begins by discussing some of the geographical, economic, environmental, strategic, and geo-political factors that are shaping the very distinctive regional regimes that give effect to the basic principles, as well as to many of the substantive provisions embodied in the UN Nations Convention on the Law of the Sea (LOSC) and related agreements. It provides a summary of the various maritime jurisdictional zones and boundaries claimed by the twelve coastal States that make-up the region: Belgium, Denmark, Fran

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Patterson, Jonathan. Villainy in France (1463-1610). Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198840015.001.0001.

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This is a book about the outward manifestation of inner malice—that is to say, villainy—in French culture (1463–1610). In pre-modern France, villainous offences were countered, if never fully contained, by intersecting legal and literary responses. Combining insights from legal anthropology with literary and historical analysis, this study examines villainy across juridical documents, criminal records, and literary texts (broadly conceived). While few people obtained justice through the law, many pursued out-of-court settlements of one kind or another. Literary texts commemorated villainies bo

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