Coverart for item
The Resource Law of Remedies : A European Perspective, edited by Franz Hofmann, Franziska Kurz, (electronic resource)

Law of Remedies : A European Perspective, edited by Franz Hofmann, Franziska Kurz, (electronic resource)

Label
Law of Remedies : A European Perspective
Title
Law of Remedies
Title remainder
A European Perspective
Statement of responsibility
edited by Franz Hofmann, Franziska Kurz
Contributor
Editor
Language
eng
Summary
With the increasing importance of the concept of remedies in European private law, this book focuses on remedies as a distinctive and novel field of European legal research. It considers the common law tradition (England and Wales), as well as the civil law viewpoint (on the example of Germany), making the case for a European law of remedies. It is argued that 'remedies' are an enforcement tool influencing the scope of substantive rights. In doing so, the book analyses different mechanisms of enforcement, including the debate on private versus public enforcement as well as the perspective of criminal law. The enforcement of rights is understood as an intradisciplinary task. Remedial law is, however, distinct from procedural law, as well as from substantive law in a narrow sense. Subsequent to defining the scope of a law of remedies, this book analyses several underlying principles and common themes. For example, the proportionality test is presented as fundamental principle in European remedial law. The value gained by identifying common ground is e. g. illustrated with respect to damages in European Private Law. Especially in IP law, in turn, the CJEU rulings and secondary European legislation confirm the importance of proportionate remedies. Moreover, within the law of remedies the function of each remedy can be analysed, and respective interests can be balanced. Further examples that reveal the importance of a sophisticated enforcement are the CJEU's recent extension of the concept of communication to the public, the notice-and-take-down-procedure in intermediary liability cases and remedies for non-conformity of digital content or consumers' remedies in European contract law. In German patent law, the development of grace periods and shareholders ́ rights in German corporate law can be analysed from a "remedy" perspective as well. Overall this book demonstrates that remedies are more than just an addendum and innovatively presents an emerging research area. As such it is of great relevance to all lawyers concerned with questions surrounding the enforcement of rights: international academics as well as practitioners.--
Assigning source
Provided by publisher
Cataloging source
UkCbUP
Index
index present
Literary form
non fiction
Nature of contents
dictionaries
http://library.link/vocab/relatedWorkOrContributorName
  • Hofmann, Franz
  • Kurz, Franziska
Series statement
Cambridge Social Sciences eBooks
Label
Law of Remedies : A European Perspective, edited by Franz Hofmann, Franziska Kurz, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1017/9781780689449
Instantiates
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780689449
Dimensions
unknown
Extent
1 online resource
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780687858
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1127542604
Label
Law of Remedies : A European Perspective, edited by Franz Hofmann, Franziska Kurz, (electronic resource)
Link
https://eui.idm.oclc.org/login?url=https://doi.org/10.1017/9781780689449
Publication
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Control code
CR9781780689449
Dimensions
unknown
Extent
1 online resource
Form of item
online
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781780687858
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Other physical details
digital, PDF file(s).
Specific material designation
remote
System control number
(OCoLC)1127542604

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