European Journal of Comparative Law and Governance最新文献_第3页

The Consumer Protection Approach in Kazakhstan 哈萨克斯坦的消费者保护措施

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European Journal of Comparative Law and Governance Pub Date : 2022-11-24 DOI: 10.1163/22134514-bja10046

A. Sultanova, G. Ilyassova

引用次数: 0

Basic Education for All 全民基础教育

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European Journal of Comparative Law and Governance Pub Date : 2022-10-26 DOI: 10.1163/22134514-bja10040

M. Riekkinen, Pekka Riekkinen

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Class Actions in Civil Law Systems 大陆法系的集体诉讼

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European Journal of Comparative Law and Governance Pub Date : 2022-10-12 DOI: 10.1163/22134514-bja10044

Zakaria Talouni, Aleksandra Rabczun

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Comparative Aspects of the Codification of Labour Legislation in Ukraine and Leading European Countries 乌克兰与欧洲主要国家劳工立法法典化之比较

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European Journal of Comparative Law and Governance Pub Date : 2022-10-10 DOI: 10.1163/22134514-bja10031

Oleksandr A. Lyubchik, O. Lytvynov, Anton S. Kudinov, Maksym Kryvonos, Olha I. Revenko

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Penalty Default Rules in French, German and Louisianan Contract Law 法国、德国和路易斯安那合同法中的违约罚金规则

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European Journal of Comparative Law and Governance Pub Date : 2022-10-06 DOI: 10.1163/22134514-bja10043

Zackary Goldford

{"title":"Penalty Default Rules in French, German and Louisianan Contract Law","authors":"Zackary Goldford","doi":"10.1163/22134514-bja10043","DOIUrl":"https://doi.org/10.1163/22134514-bja10043","url":null,"abstract":"\u0000Some American law and economics scholars have used the term “penalty default rules” to describe default rules that are undesirable to at least one party to a contract. Parties have incentives to depart from these default rules and to share information in doing so. In a recent article, I brought this concept outside of the United States, the common law tradition and the law and economics literature by using it to describe a selection of rules in Québec contract law. In this article, I build on that work by identifying a selection of penalty default rules in three other civilian jurisdictions – France, Germany and Louisiana – that apply to contract formation, contract interpretation, changed circumstances and remedies for breach. Then, I argue that the penalty default rules that I have identified serve two valuable functions. First, they enhance at least some parties’ freedom of contract by better equipping them to make informed decisions. Second, they complement the duty of good faith by incentivizing the sharing of information, including information that might not always need to be shared in order to comply with the duty of good faith. Although these functions are somewhat different than those that law and economics scholars have attributed to American penalty default rules, my analysis reveals that penalty default rules both exist and have value in the civilian world.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43460555","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Rule of Law: a Fundamental Concept Without a Coherent Meaning 法治:一个没有连贯意义的基本概念

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European Journal of Comparative Law and Governance Pub Date : 2022-07-14 DOI: 10.1163/22134514-bja10036

Katia Cejie

引用次数: 0

Road Safety – A Global Emergency The EU Direction of Travel 道路安全——全球紧急情况——欧盟出行方向

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European Journal of Comparative Law and Governance Pub Date : 2022-07-14 DOI: 10.1163/22134514-bja10041

S. Fox

{"title":"Road Safety – A Global Emergency The EU Direction of Travel","authors":"S. Fox","doi":"10.1163/22134514-bja10041","DOIUrl":"https://doi.org/10.1163/22134514-bja10041","url":null,"abstract":"\u0000The reality is that transport and mobility matters to us all, it literally sustains our lives being an enabler of our economic and social life. ‘We’ take it for granted and perhaps none more so than the motorcar. Yet road transport also comes at a price – it takes lives.\u0000From a United Nations perspective, it is identified that road crashes risk jeopardizing the whole sustainable development agenda.\u0000This research commences by reflecting on the history and strategic direction being advocated at an international level. It considers the global divide, before attention and emphasis is turned to the EU’s approach to saving lives on the road. This is also compared with the US. The method applied is from a legal/policy measures approach – which puts the driver at the heart of intervention strategies. Focus in particular is accorded to the success of the EU driver/education law and policy.\u0000Comparisons are also drawn within, between the pandemic of Covid-19 and this global epidemic (in terms of lives lost). It concludes by declaring road deaths as a global emergency, one that needs to be approached in the same way and with the same vigour and haste, in order to stop numbers rising.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43281294","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Public-Private Challenge in Comparative Law and Governance 比较法与治理中的公私挑战

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European Journal of Comparative Law and Governance Pub Date : 2022-06-17 DOI: 10.1163/22134514-09020001

A. C. Ciacchi, Lieselot Bisschop, R. Repasi

引用次数: 0

The European Agri-Food Legislation and Trade Agreements in the Context of the covid-19 Crisis 新冠肺炎危机背景下的欧洲农产品立法与贸易协定

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European Journal of Comparative Law and Governance Pub Date : 2022-05-18 DOI: 10.1163/22134514-bja10037

G. Cicchiello

{"title":"The European Agri-Food Legislation and Trade Agreements in the Context of the covid-19 Crisis","authors":"G. Cicchiello","doi":"10.1163/22134514-bja10037","DOIUrl":"https://doi.org/10.1163/22134514-bja10037","url":null,"abstract":"\u0000This article performs an assessment of the EU Agri-food legislation in the context of the covid-19 crisis: new priorities into a new scenario. Taking the General Food Law as a focal point, this article analyses and explains the institutional, substantive, and procedural elements of EU food law and his intersection with International Trade Law. Principles are discussed as well as specific rules addressing food as a product, the processes related to food and communication about food to consumers.\u0000In fact, it is interesting to retrace the points of contact that food legislation shares with other legal disciplines since it is well known that the matter has a cross-cutting scope, i.e., from Agricultural Law to ip Law, from Criminal Law to International Trade Law. Although, the importance of food and related trade issues have always been regulated in times of emergency, as the bse crisis (Bovine Spongiform Encephalopathy, commonly known as “mad cow disease”) or during a worldwide pandemic (covid-19).\u0000However, until the publication of the Reg. 178/2002, it would have been impossible any given attempt to attribute the requisites of a coherent legal framework to the disordered, episodic, and often dictated by hot reactions of Food Law, understood as a system of rules ordered based on its own principles. Progress made by regulatory interventions that allows today to observe the matter under a different angle.In fact, attention is given to the international context (wto, Codex Alimentarius) as well as to the relationship with food trade policies and the current legal framework and regulatory provisions (such as those contained in Chapter i and ii) of Reg. 178/2002, the latter titled General Food Law.","PeriodicalId":37233,"journal":{"name":"European Journal of Comparative Law and Governance","volume":" ","pages":""},"PeriodicalIF":0.5,"publicationDate":"2022-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48899442","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Fight against the Exploitation of Vulnerability According to the Kuwaiti Civil Code 根据《科威特民法典》打击利用脆弱性

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European Journal of Comparative Law and Governance Pub Date : 2022-05-17 DOI: 10.1163/22134514-bja10038

Husain Alrashidi

引用次数: 0