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Vol 22 No 10 Oct/Nov 2017

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Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law

Edited by: Stefan Vogenauer, Christopher Hodges

ISBN13: 9781841139852
To be Published: August 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00



Civil justice systems of the Member States of the European Union differ substantially. Despite recent trends towards convergence, each jurisdiction has its own way of defining how people can legitimately resolve disputes and enforce their rights and the obligations of others. The essays in this collection investigate the extent to which perceptions of differences between national civil justice systems affect businesses engaging in cross-border transactions when they choose the forum and the governing contract law, including the results of a major survey of European businesses on the impact which particular features of civil justice systems have on choices of forum and choices of law.

This new work constitutes a major assessment of the strengths and weaknesses of EU domestic civil justice systems, and the prospects for recent EU harmonization measures.

Subjects:
EU Law
Contents:
Part I: Civil Justice Systems, Choice of Forum and Choice of Contract Law in Europe: the Current Position Professor Vincenzo Varano (University of Florence), Domestic Civil Justice Systems in Europe: Current Approaches, Techniques and Trends Ms Salla Saastamoinen (European Commission, Head of Civil Justice, DG Justice, Freedom and Security), Achievements and Initiatives of the European Union in the Area of Civil Justice Dr Giesela Ruhl (European University Institute, Florence and Max Planck Institute for Comparative and Private International Law, Hamburg), Choice of Law and Choice of Forum in the European Union: Recent Developments

Part II: Measuring the Perfomance of Civil Justice Systems and its Impact on Choice of Forum and Choice of Contract Law in Europe Professor Stefan Vogenauer (University of Oxford), The View of European Businesses: Results of a Survey Dr Christoph Kern (University of Freiburg), Perception, Performance and Politics: Recent Approaches to the Qualitative Comparison of Civil Justice Systems Professor Erin O'Hara (Vanderbilt University Law School), The Implications of Civil Justice Systesms for Choice of Forum and Choice of Contract Law: an Economic Perspective

Part III: Implications for National Civil Justice Systems Simon James (Partner, Clifford Chance LLP), Implications for National Civil Justice Systems: England Professor Veronique Magnier (University of Paris XI), Implications for National Civil Justice Systems: France Professor Harald Koch (University of Rostock), Implications for National Civil Justice Systems: Germany Professor Elisabetta Silvestri (University of Pavia), Implications for National Civil Justice Systems: Italy Professor CH (Remco) van Rhee (University of Maastricht), Implications for National Civil Justice Systems: the Netherlands

Part IV: Implications for European Legal Policy Malcolm Carlisle (Chairman, European Justice Forum (EJF)), Implications for European Legal Policy: a Business Perspective Sandra Mori (Coca-Cola, Representative of the European Company Lawyers Association (ECLA)), Implications for European Legal Policy: a Business Perspective Jonathan Goldsmith (Secretary General of the Council of Bars and Law Societies of the European Union (CCBE)), Implications for European Legal Policy: a Practitioner's Perspective Dr Christopher Hodges (Centre for Socio-Legal Studies, University of Oxford), Implications for European Legal Policy: an Academic's Perspective

Series: Studies of the Oxford Institute of European and Comparative Law

The Code Napoleon Rewritten: French Contract Law after the 2016 Reforms ISBN 9781509911608
Published October 2017
Hart Publishing
£90.00
£74.99 + £15.00 VAT
(ePub)
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£70.82 + £14.17 VAT
(ePub)
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General Principles of Law: European and Comparative Perspectives (eBook) ISBN 9781509910700
Published June 2017
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
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The Unitary EU Patent System ISBN 9781509914173
Published June 2017
Hart Publishing
£24.99
General Principles of Law: European and Comparative Perspectives ISBN 9781509910717
Published June 2017
Hart Publishing
£85.00
£62.49 + £12.50 VAT
(ePub)
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Passing Wealth on Death: Will-Substitutes in Comparative Perspective ISBN 9781849466981
Published May 2016
Hart Publishing
£75.00
£70.82 + £14.17 VAT
(ePub)
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£32.99
The Unitary EU Patent System ISBN 9781849466196
Published January 2015
Hart Publishing
£55.00
The Unitary EU Patent System (eBook) ISBN 9781849469401
Published January 2015
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
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£27.49 + £5.50 VAT
(ePub)
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£65.00
The Involvement of EU Law in Private Law Relationships ISBN 9781849463300
Published March 2013
Hart Publishing
£85.00
The Involvement of EU Law in Private Law Relationships (eBook) ISBN 9781782251057
Published March 2013
Hart Publishing
£70.82 + £14.17 VAT
(ePub)
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£49.99 + £10.00 VAT
(ePub)
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Protection of Fundamental Rights in the EU After Lisbon (eBook) ISBN 9781782250593
Published January 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
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Protection of Fundamental Rights in the EU After Lisbon ISBN 9781849464437
Published January 2013
Hart Publishing
£55.00
Constitutional Pluralism in the European Union and Beyond (eBook) ISBN 9781847318923
Published February 2012
Hart Publishing
£79.16 + £15.83 VAT
(ePub)
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Constitutional Pluralism in the European Union and Beyond ISBN 9781849461252
Published February 2012
Hart Publishing
£95.00
Prohibition of Abuse of Law: A New General Principle of EU Law ISBN 9781841139388
Published June 2011
Hart Publishing
£100.00
£83.32 + £16.67 VAT
(ePub)
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Article 82 EC: Reflections on Its Recent Evolution
Edited by: Ariel Ezrachi
ISBN 9781841132501
Published October 2009
Hart Publishing
£70.00
Reforming the French Law of Obligations ISBN 9781841138053
Published April 2009
Hart Publishing
£140.00
£116.66 + £23.33 VAT
(ePub)
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Performance-Oriented Remedies in European Sale of Goods Law ISBN 9781841138930
Published January 2009
Hart Publishing
£70.00
Forum Shopping in the European Judicial Area ISBN 9781841137834
Published December 2007
Hart Publishing
£70.00
Better Regulation ISBN 9781841137155
Published June 2007
Hart Publishing
£70.00
Constitutionalism and the Role of Parliaments ISBN 9781841136431
Published June 2007
Hart Publishing
£60.00
Human Rights and Private Law: Privacy as Autonomy (eBook) ISBN 9781847317025
Published April 2007
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
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Human Rights and Private Law: Privacy as Autonomy ISBN 9781841137148
Published April 2007
Hart Publishing
£50.00
The Public Law/Private Law Divide: Une entente assez cordiale? ISBN 9781841136356
Published March 2006
Hart Publishing
£55.00