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Books on the topic 'Third parties’ remedies'

Author: Grafiati
Published: 4 June 2021
Last updated: 17 February 2022

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1

Ernesto de la Rocha García. Embargos y tercerías: En los procedimientos civiles, penales, laborales, en el procedimiento de apremio por débitos a la Hacienda Pública, y en el procedimiento de apremio por débitos a la Seguridad Social. Comares, 1995.

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2

Stoll, Daniel. Rechtsschutz des in einen Arrest einbezogenen Dritten. Schulthess Polygraphischer Verlag, 1987.

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3

Poorter, J. C. A. de. Herijking van het belanghebbendebegrip: Een relativiteitsvereiste in het Awb-procesrecht? Boom Juridische Uitgevers, 2004.

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4

Atomrechtliches Teilgenehmigungsverfahren und Rechtsschutz. P. Lang, 1997.

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5

Lüthi, Andreas. Der Einbezug von Dritten in vorsorgliche Massnahmen und in die Zwangsvollstreckung nach kantonalem Recht. Schulthess Polygraphischer Verlag, 1986.

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6

Die Beiladung in Verfahren des einstweiligen Rechtsschutzes. P. Lang, 2002.

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7

Mason, Lee. Contracts for the Benefit of Third Parties: Hong Kong. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0011.

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This chapter analyses the law on third party beneficiaries in Hong Kong long characterized by strict adherence to the traditional common law doctrine of privity. The law relating to third party rights was only reformed by way of Ordinance in 2016, along the lines of the statutory reform of English law in 1999. A small number of specifically enumerated types of contract are excluded from the scope of the Ordinance; other contracts may be concluded to confer enforceable contractual rights on third parties. Whether a third party may enforce a term of a contract depends on the interpretation of th
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8

Chen-Wishart, Mindy, Alexander Loke, and Stefan Vogenauer, eds. Formation and Third Party Beneficiaries. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.001.0001.

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Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where limited critical commentaries have been published in the English language. Each volume in the series aims to offer an insider’s perspective into specific areas of contract law—remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy—and explores how these diverse jurisdictions address common problems encountered in contractual disputes. A concluding chapter draws
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9

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.4. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0104.

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This commentary focuses on Article 5.3.4 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning the duty to preserve the rights of a party. Art 5.3.4 imposes obligations on the parties during the period of suspension of the condition. It requires the parties not to act, contrary to the duty to act in accordance with good faith and fair dealing, act so as to prejudice the other party's rights in case of fulfilment of the condition. Art 5.3.4 applies to both suspensive and resolutive conditions, but it should arguably apply with less intensity to resolutive conditions
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10

Chen-Wishart, Mindy. Contract Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198806356.001.0001.

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Contract Law offers a new approach, utilising diagrams to complement the text. The book explains the intricacies of contract law and the questions that arise during the life of a contract. Part I of the book explains what contract law is and defines its scope. Part II of the book looks at contract formation: the finding of agreement and meeting the criteria of enforceability. Part III focuses on the position of third parties. Part IV considers the vitiating factors of misrepresentation and non-disclosure, mistake, frustration, duress, undue influence, and unconscionability. Part V analyses the
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11

Davies, Paul S. JC Smith's The Law of Contract. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198807810.001.0001.

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Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation
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12

Davies, Paul S. JC Smith's The Law of Contract. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198853503.001.0001.

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Driven by exposition of the leading cases, JC Smith’s The Law of Contract offers the perfect balance between accessibility and authority. The strong focus on cases guides the reader through the intricacies of contract law with expert analysis ensuring key points are clear. The text begins with an introduction to contractual rights and duties. It looks at objectivity in contract law, the formation of bilateral and unilateral contracts, contract as agreement, offeror and offeree, estoppel, legal relations, and the role of third parties. It also considers the terms of the contract, interpretation
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13

Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198797739.001.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about conte
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14

Taylor, Richard, and Damian Taylor. Contract Law Directions. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836599.001.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its fifth edition, to all aspects of contract law. It is structured in four parts. Part One looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part Two is about cont
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15

Taylor, Richard, and Damian Taylor. Contract Law Directions. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198870593.001.0001.

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Without assuming prior legal knowledge, books in the Directions series introduce and guide readers at undergraduate level through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Contract Law Directions is a comprehensive guide, now in its eighth edition, to all aspects of contract law. It is structured in four parts. Part 1 looks at the creation of obligations. It considers agreement, intention to create legal regulations, and consideration and estoppel. Part 2 is about content
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16

Sayles, Victoria. 2. The distinction between legal and equitable interests. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815198.003.0002.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter distinguishes between legal and equitable interests in land. The intervention of equity in land law can be seen in two key areas: the development of new equitable interests in land, and the availability of equitable remedies to enforce interests in land. To be legal, the interest must be listed under s 1(2) Law of Property Act 1925 (LPA 1925) and c
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17

MacKenzie, Judith-Anne. 24. Mortgages and charges. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198748373.003.0024.

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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the types of mortgages or charges of land and interests in land which may be created. It also considers the rules regarding their administration and their protection against later acquirers of interests in the land. The discussions cover legal mortgages and charges; equitable mortgages; the rights of the mortgagor; the rights of the mortgagee; mortgagee’s remedies; the right of certain third parties to redeem; the liability of mortgagees, receive
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18

Ekaterina, Rousseva, ed. EU Antitrust Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/law-ocl/9780198839866.001.0001.

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This book provides a comprehensive and practically oriented account of EU competition procedure and the European Commission’s role in enforcement, coordination, and policy-making, from the perspective of EU enforcers. It explains the Commission’s approach to each aspect of enforcement: its investigatory practices and powers, interactions with parties under investigation and third parties, compliance with fundamental rights, process by which it adopts decisions, and application of sanctions and remedies for anticompetitive conduct. Publication and judicial review of Commission decisions is also
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19

Dignam, Alan, and John Lowry. 14. Directors’ duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0014.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the re
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20

French, Derek. 16. Directors’ duties. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0016.

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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. It
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21

Beatson FBA, Jack, Andrew Burrows FBA, QC (Hon), and John Cartwright. Anson's Law of Contract. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198829973.001.0001.

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Anson’s Law of Contract offers an accurate and authoritative account of the law and its underlying principles. This 31st edition continues to provide comprehensive and detailed coverage of all topics covered on modern contract law courses, and has been revised and updated to incorporate all notable developments in case law, legislation, and academic debate. Topics covered include, in the first part, the agreement, the formation of the contract, and promissory estoppel. The second part looks at the terms of the contract, exemption clauses, and unfair terms. Next the book looks at incapacity, mi
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22

Dignam, Alan, and John Lowry. 14. Directors’ duties. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.1433.

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Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter is concerned with the duties which a director owes to the company, including duty to act within powers, duty to promote the company’s success, duty to exercise independent judgement, duty not to accept benefits from third parties, and duty to avoid conflicts of interest. After reviewing the general duties of directors under Part 10 of the Companies Act 2006, the chapter discusses the fiduciary position of directors, the re
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23

French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 16. Directors’ duties. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0016.

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This chapter deals with the seven general duties of directors as spelled out in the Companies Act 2006: duty to act within powers; duty to promote the success of the company; duty to exercise independent judgement; duty to exercise reasonable care, skill, and diligence; duty to avoid conflicts of interest; duty not to accept benefits from third parties; and duty to declare interest in proposed transaction or arrangement. After providing a background on the codification of directors’ general duties, the chapter turns to the fiduciary duty of directors, including shadow and de facto directors. I
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24

Mortimore, Simon, ed. Company Directors: Duties, Liabilities, and Remedies. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198754398.001.0001.

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This is a new edition of the established authority on the law relating to directors of companies incorporated under the UK Companies Acts. The new edition features all important developments in the law including the Small Business, Enterprise and Employment Act 2015 which improves transparency (including requiring directors to be natural persons unless exceptions apply), simplifies company filing requirements, clarifies the application of general duties to shadow directors, modernises directors’ disqualification and reforms insolvency law to facilitate proceedings where there has been wrongdoi
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25

Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803850.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine o
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26

Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840442.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration (and its relationship with duress), and the doctrine o
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27

Poole, Jill, James Devenney, and Adam Shaw-Mellors. Contract Law Concentrate. 5th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192897336.001.0001.

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Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focu
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28

Riordan, Jaani. The Liability of Internet Intermediaries. Oxford University Press, 2016. http://dx.doi.org/10.1093/oso/9780198719779.001.0001.

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Internet intermediaries play a central role in modern commerce and society. Although their economic and social importance is well-recognised, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary
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29

Gabrielle, Kaufmann-Kohler, and Rigozzi Antonio. 3 The Arbitration Agreement. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780199679751.003.0003.

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This chapter discusses the notion, content, and effects of the arbitration agreement, defined as an agreement to submit to arbitration all or certain disputes that have arisen or may arise between the parties in respect of a defined legal relationship, whether contractual or not, which may be in the form of a clause in a contract or of a separate ‘submission agreement’ (compromis arbitral). The chapter examines the principle of separability and the requirements for the validity of the arbitration agreement, namely arbitrability, written form, and substantive validity, including the agreement’s
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30

Arvind, TT. Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198703471.001.0001.

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Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, the requirement of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public interes
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31

Arvind, TT. Contract Law. 2nd ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198829263.001.0001.

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Contract Law provides a uniquely practical approach to the topic. The text is divided into four parts. Part I covers forming contracts. It looks at bargaining and agreeing, and the requirements of mutuality, legal relations, and non-contractual promises. Part II considers issues related to keeping contracts. It examines the assembling of the contract, interpreting the terms of a contract, flexible terms, and changes in contracts. The next part is about regulating contracts. It looks at untrue statements, the limits of hard bargaining, controlling contractual terms, and protecting the public in
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32

Solène, Rowan. Ch.5 Content, third party rights and conditions, s.3: Conditions, Art.5.3.3. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198702627.003.0103.

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This commentary focuses on Article 5.3.3 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning a contracting party's interference with the fulfilment of a condition. If fulfilment of a condition is prevented by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the non-fulfilment of the condition. If fulfilment of a condition is brought about by a party, contrary to the duty of good faith and fair dealing or the duty of co-operation, that party may not rely on the fulfilment of the condition. This co
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33

MacKenzie, Judith-Anne, and Aruna Nair. Textbook on Land Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198809586.001.0001.

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Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The seventeenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquis
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34

MacKenzie, Judith-Anne, and Aruna Nair. Textbook on Land Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198839828.001.0001.

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Course-focused and comprehensive, Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The eighteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of a subject students often find very abstract, while clarifying complex areas and common points of confusion. The book consists of seven parts. Part I provides an introduction to estates and interests in land. Part II looks at the acquisi
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35

MacKenzie, Judith-Anne. Textbook on Land Law. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198748373.001.0001.

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Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Thirty years since it was first published Textbook on Land Law continues to provide an interesting, accessible, and original account of contemporary land law. The sixteenth edition builds upon the book’s unique and straightforward approach. Using a fictional case study to illustrate the key principles of land law, the chapters demonstrate the real-life applications of this often abstract subject, while clarifying complex areas and common points of confusion. The book
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36

Craig, Paul. EU Administrative Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198831655.001.0001.

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The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative
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37

Joshua, Castellino, and Cavanaugh Kathleen A. Minority Rights in the Middle East. Oxford University Press, 2013. http://dx.doi.org/10.1093/acprof:oso/9780199679492.001.0001.

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This, the third book of the OUP Series on Minority Rights Law, focusses on minorities in the Middle East. Written at a time of great turmoil and also hope in the region, the book seeks to examine important minority questions that are central to the events that have unfolded across the region from 2011 to date. The Middle East is a region that raises contentious political, legal, and historical debates. Coming closer to a contemporary understanding of the region challenges, confuses, and demands the critical questioning of numerous assumptions in the public realm. Our analysis is contained in s
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