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Unjustified Enrichment
Author: David Johnston, Reinhard Zimmermann
Publisher: Cambridge University Press
ISBN: 113943263X
Year: 2002-04-18
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Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.
Unjust Enrichment
Author: Peter Birks
Publisher: OUP Oxford
ISBN: 0191018856
Pages: 360
Year: 2005-01-13
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This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Principles of European law
Author: Christian von Bar, Stephen Swann, Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3935808623
Pages: 739
Year: 2010
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"Unjustified enrichment" is one of the three main non-contractual obligations dealt with in the Draft of a Common Frame of Reference. In recent years, unjustified enrichment has been one of the most intellectually animated areas of private law. In an area of law whose territory is still partially uncharted and whose boundaries are contested, this volume of the series Principles of European Law will be invaluable for academic analysis of the law and its development by the courts. During the drafting process, comparative material from over 25 different EU jurisdictions has been taken into account. The work therefore is not only a presentation of a future model for European rules to come, but provides also a fairly detailed indication of the present legal situation in the Member States.
Corrective Justice
Author: Ernest J. Weinrib
Publisher: OUP Oxford
ISBN: 019163638X
Pages: 368
Year: 2012-09-20
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Private law governs our most pervasive relationships with other people: the wrongs we do to one another, the property we own and exclude from others' use, the contracts we make and break, and the benefits realized at another's expense that we cannot justly retain. The major rules of private law are well known, but how they are organized, explained, and justified is a matter of fierce debate by lawyers, economists, and philosophers. Ernest Weinrib made a seminal contribution to the understanding of private law with his first book, The Idea of Private Law. In it, he argued that there is a special morality intrinsic to private law: the morality of corrective justice. By understanding the nature of corrective justice we understand the purpose of private law - which is simply to be private law. In this book Weinrib takes up and develops his account of corrective justice, its nature, and its role in understanding the law. He begins by setting out the conceptual components of corrective justice, drawing a model of a moral relationship between two equals and the rights and duties that exist between them. He then explains the significance of corrective justice for various legal contexts: for the grounds of liability in negligence, contract, and unjust enrichment; for the relationship between right and remedy; for legal education; for the comparative understanding of private law; and for the compatibility of corrective justice with state support for the poor. Combining legal and philosophical analysis, Corrective Justice integrates a concrete and wide-ranging treatment of legal doctrine with a unitary and comprehensive set of theoretical ideas. Alongside the revised edition of The Idea of Private Law, it is essential reading for all academics, lawyers, and students engaged in understanding the foundations of private law.
The Good Cause
Author: Gjalt Graaf, Patrick Maravic, Pieter Wagenaar
Publisher: Verlag Barbara Budrich
ISBN: 3866496028
Pages: 204
Year: 2010-08-18
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Money makes the world go round - corruption The book presents the state of the art in studying the causes of corruption from a comparative perspective. Leading scholars in the field of corruption analysis shed light on the issue of corruption from different theoretical perspectives. Understanding how different theories define, conceptualize, and eventually deduce policy recommendations will amplify our understanding of the complexity of this social phenomenon and illustrate the spectrum of possibilities to deal with it analytically as well as practically.
Australian Dispute Resolution Law and Practice
Author: Laurence Boulle, Rachael Field
ISBN: 0409341851
Year: 2016-08-26
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Elgar Encyclopedia of Comparative Law, Second Edition
Author: J. M. Smits
Publisher: Edward Elgar Publishing
ISBN: 1781006105
Pages: 1000
Year: 2012-01-01
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Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
Unjustified enrichment in South African law
Author: J. C. Sonnekus
Pages: 421
Year: 2008-01
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Security and Privacy
Author: John Kleinig, Seumas Miller, Peter Mameli, Douglas Salane, Adina Schwartz
Publisher: ANU E Press
ISBN: 1921862580
Pages: 291
Year: 2011-12-01
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This study is principally concerned with the ethical dimensions of identity management technology - electronic surveillance, the mining of personal data, and profiling - in the context of transnational crime and global terrorism. The ethical challenge at the heart of this study is to establish an acceptable and sustainable equilibrium between two central moral values in contemporary liberal democracies, namely, security and privacy. Both values are essential to individual liberty, but they come into conflict in times when civil order is threatened, as has been the case from late in the twentieth century, with the advent of global terrorism and trans-national crime. We seek to articulate legally sustainable, politically possible, and technologically feasible, global ethical standards for identity management technology and policies in liberal democracies in the contemporary global security context. Although the standards in question are to be understood as global ethical standards potentially to be adopted not only by the United States, but also by the European Union, India, Australasia, and other contemporary liberal democratic states, we take as our primary focus the tensions that have arisen between the United States and the European Union.
On the Take
Author: Lindy Muzila, Michelle Morales, Marianne Mathias
Publisher: World Bank Publications
ISBN: 0821394541
Pages: 102
Year: 2012
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Developing countries lose an estimated US$20–40 billion each year through bribery, misappropriationof funds, and other corrupt practices. Often, the most visible manifestation ofcorruption is the enrichment of a corrupt public official. Despite such visibility, prosecuting corruptioncan be very problematic, particularly when it requires proving the offer or acceptance ofa bribe. Even when the corruption is established in a court of law, linking the proceeds of thecrime to the offense in order to recover assets is a complex endeavor.In response, some countries looking to strengthen their overall arsenal against corruption havecriminalized illicit enrichment. In its Article 20, the United Nations Convention against Corruption(UNCAC) recommends, but does not mandate, States Parties to adopt illicit enrichment as acriminal offense, defining the same as an intentional and “significant increase in the assets of apublic official that he or she cannot reasonably explain in relation to his or her lawful income.”The illicit enrichment offense has spurred significant debates involving due processes of law. Othersquestion how jurisdictions are actually using the offense. Finally, many jurisdictions that serveas financial centers do not recognize illicit enrichment as an offense, so tracing and recoveringassets through mutual legal assistance is further complicated in illicit enrichment prosecutions.Against this background, this study provides policy makers, prosecutors, and other practitionerswith a better understanding of the features of illicit enrichment. It draws on the preparatory workof international conventions, reviews of existing domestic provisions, and the jurisprudence onillicit enrichment. It is the StAR Initiative's hope that the study will inform the work of decisionmakers considering adopting an illicit enrichment offense, and assist those implementing illicitenrichment to do so in a way that contributes to effective prosecution, confiscation, and assetrecovery.
The law of contracts in Indonesia
Author: Subekti (R.)
Pages: 30
Year: 1989
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Comparative Law
Author: Esin �rücü, David Nelken
Publisher: Bloomsbury Publishing
ISBN: 1847316980
Pages: 480
Year: 2007-10-12
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This innovative, refreshing, and reader-friendly book is aimed at enabling students to familiarise themselves with the challenges and controversies found in comparative law. At present there is no book which clearly explains the contemporary debates and methodological innovations found in modern comparative law. This book fills that gap in teaching at undergraduate level, and for postgraduates will be a starting point for further reading and discussion. Among the topics covered are: globalisation, legal culture, comparative law and diversity, economic approaches, competition between legal systems, legal families and mixed systems, comparative law beyond Europe, convergence and a new ius commune, comparative commercial law, comparative family law, the 'common core' and the 'better law' approaches, comparative administrative law, comparative studies in constitutional contexts, comparative law for international criminal justice, judicial comparativism in human rights, comparative law in law reform, comparative law in courts and a comparative law research project. The individual chapters can also be read as stand-alone contributions and are written by experts such as Masha Antokolskaia, John Bell, Roger Cotterell, Sjef van Erp, Nicholas Foster, Patrick Glenn, Andrew Harding, Peter Leyland, Christopher McCrudden, Werner Menski, David Nelken, Anthony Ogus, Esin �rücü, Paul Roberts, Jan Smits and William Twining. Each chapter begins with a description of key concepts and includes questions for discussion and reading lists to aid further study. Traditional topics of private law, such as contracts, obligations and unjustified enrichment are omitted as they are amply covered in other comparative law books, but developments in other areas of private law, such as family law, are included as being of current interest.
Internationalization of the Nuclear Fuel Cycle
Author: Russian Academy of Sciences, Russian Committee on the Internationalization of the Civilian Nuclear Fuel Cycle, National Research Council, National Academy of Sciences, Division on Earth and Life Studies, Nuclear and Radiation Studies Board, Policy and Global Affairs, Committee on International Security and Arms Control, U.S. Committee on the Internationalization of the Civilian Nuclear Fuel Cycle
Publisher: National Academies Press
ISBN: 0309185947
Pages: 172
Year: 2009-01-26
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The so-called nuclear renaissance has increased worldwide interest in nuclear power. This potential growth also has increased, in some quarters, concern that nonproliferation considerations are not being given sufficient attention. In particular, since introduction of many new power reactors will lead to requiring increased uranium enrichment services to provide the reactor fuel, the proliferation risk of adding enrichment facilities in countries that do not have them now led to proposals to provide the needed fuel without requiring indigenous enrichment facilities. Similar concerns exist for reprocessing facilities. Internationalization of the Nuclear Fuel Cycle summarizes key issues and analyses of the topic, offers some criteria for evaluating options, and makes findings and recommendations to help the United States, the Russian Federation, and the international community reduce proliferation and other risks, as nuclear power is used more widely. This book is intended for all those who are concerned about the need for assuring fuel for new reactors and at the same time limiting the spread of nuclear weapons. This audience includes the United States and Russia, other nations that currently supply nuclear material and technology, many other countries contemplating starting or growing nuclear power programs, and the international organizations that support the safe, secure functioning of the international nuclear fuel cycle, most prominently the International Atomic Energy Agency.
Work-Life Balance and the Economic Crisis
Author: Lourdes Mella Méndez, Lavinia Serrani
Publisher: Cambridge Scholars Publishing
ISBN: 1443885614
Pages: 225
Year: 2015
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No one can deny the significance attributed to the issue of reconciling work and private life by contemporary society, the EU and other international organisations. Its relevance is evident in the multifaceted nature of this topic and the need for each party to the employment contract to strike a proper balance between professional and personal responsibilities, based on the assumption that people can successfully harmonise their work with life. Following on from these considerations, this volume provides a detailed analysis of work-life balance and its regulation in a number of EU countries, emphasizing the consequences that the current economic crisis has brought about in this field.--
Ten Strategies of a World-Class Cybersecurity Operations Center
Author: Carson Zimmerman
ISBN: 0692243100
Year: 2014-07-01
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Ten Strategies of a World-Class Cyber Security Operations Center conveys MITRE's accumulated expertise on enterprise-grade computer network defense. It covers ten key qualities of leading Cyber Security Operations Centers (CSOCs), ranging from their structure and organization, to processes that best enable smooth operations, to approaches that extract maximum value from key CSOC technology investments. This book offers perspective and context for key decision points in structuring a CSOC, such as what capabilities to offer, how to architect large-scale data collection and analysis, and how to prepare the CSOC team for agile, threat-based response. If you manage, work in, or are standing up a CSOC, this book is for you. It is also available on MITRE's website, www.mitre.org.