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Human rights are universally recognized. Their enforcement, however, often requires the action of particular states. This paper examines private law remedies in tort in several Member states of the European Union to remedy human rights violations occurring outside the European Union. It...
Persistent link: https://www.econbiz.de/10014223578
Should courts consider cases from other jurisdictions? The use of foreign law precedent has sparked considerable debate in the United States, and this question is also controversially discussed in Europe. In this paper and within the larger research project from which it has developed, we study...
Persistent link: https://www.econbiz.de/10014188530
Despite the important role that institutions play in explaining economic growth, there exist few objective quantitative measures of institutional quality. We propose a new quantitative index that allows comparing the strength of property rights across the member states of the Council of Europe....
Persistent link: https://www.econbiz.de/10012994837
Written in 2003-2004 as an early contribution to an EU-funded interuniversity project on the judicial cooperation in civil matters between the European Union's Member States and third countries, this article constitutes a concept paper providing a general overview of issues that are of interest,...
Persistent link: https://www.econbiz.de/10013083836
This working paper emanates from a conference on European civil procedure (Uppsala, September 2013), and is expected to be published in a conference book in 2015.The paper evaluates the experiences with the European order for payment procedure and the European small claims procedure, 5 years...
Persistent link: https://www.econbiz.de/10013046012
This article gives an analysis of the resolution, both as to the conflict of laws implications and the rules on a European inheritance certificate. We also discuss how this relates to the existing national certificates
Persistent link: https://www.econbiz.de/10014039521
Soon we can expect a new type of company: the European Private Company (Societas Privata Europaea – SPE) aimed at small and medium-sized enterprises in the EU. In this article, we analyse how creditors of future SPEs will be protected. In the first part, we identify on a general level how...
Persistent link: https://www.econbiz.de/10014183731
In this article the proposal for a European Small Claims Procedures is analyzed. Following the proposal for a European Order for Payment Procedure, this proposal introduces the second European harmonized procedure. It is concluded that the European Small Claims Procedure is an asset to...
Persistent link: https://www.econbiz.de/10014050358
European integration and globalization continue to have a significant impact on the legal landscape. Legal problems are no longer neatly confined to national jurisdictions, exclusively subject to law originating from the nation-state. Instead, a complex, ever-changing, globalized legal world of...
Persistent link: https://www.econbiz.de/10014153118