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  • 1
    ISBN: 1841139386 , 9781841139388
    Language: English
    Pages: XXV, 636 S. , Ill.
    Series Statement: Studies of the Oxford Institute of European and Comparative Law 13
    Parallel Title: Erscheint auch als Prohibition of abuse of law
    DDC: 340.11094
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    Keywords: Law Congresses Interpretation and construction ; Rule of law Congresses ; Konferenzschrift 2008 ; Aufsatzsammlung ; Europäische Union ; Rechtsmissbrauch
    Note: Prohibition of abuse of (European) law : the creation of a new general principle of EC Law through tax : a response , What is a general principle of EU law? , What is a general principle of EU law? : a response , The abuse of rights in the civil law tradition , Fitting "abuse of rights" into EU law governing the free movement of goods and services , Free movement of broadcasting services and abuse of law , Notion of abuse and the freedom to provide services : a labour lawyer's perspective , Sparking regulatory competition in European company law : the impact of the Centros line of case law and its concept of "abuse of law" , Sparking regulatory competition in European company law : a reponse , Abuse of law in the context of European insolvency law , Abuse of European insolvency law : a discussion , Abuse of rights in EU law : some reflections with particular reference to financial law , Comments on abuse of rights in EU law , Emsland-Stärke abuse of law test in the law of agriculture and free movement of goods , Notion of and a general test for abuse of rights : some normative reflections , Abuse of law in EU private law : a (re-)construction from fragments , Comments on "abuse of law" in EU private law , Rejection of abuse in international civil procedure , The discreet influence of abuse of law in international civil procedure , "Prohibition of abuse of law" : a new general principle of EU law , "Abuse of law" in the context of the free movement of workers , Comments on abuse of law and the free movement of workers , Citizenship of the Union : above abuse? , Some comments on the idea of a general principle of Union law prohibiting abuses of law in the field of free movement for Union citizens , Anatomy of tax avoidance counteraction : abuse of law in a tax context at member state and European Union level , Abuse of law in the context of indirect taxation : from (before) Emsland-Stärke 1 to Halifax (and beyond) , Abuse of law in the context of indirect taxation : why we need the subjective intention test, when is combating abuse an obligation and other comments , Cadbury Schweppes and abuse from an EU tax law perspective , Cadbury Schweppes and abuse : comments , Cadbury Schweppes' line of case law from the member states' perspective , Cadbury Schweppes : breach, abuse justification and why they are different , Single principle of abuse in European Union law : a methodological approach to rejecting a different concept of abuse in personal taxation , Is there a role for a European principle prohibiting abuse of law in the field of personal taxation? : a comment , State aid, taxation and abuse of law , Comments on state aid, taxation, and abuse of law
    URL: Volltext  (Inhaltsverzeichnis)
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  • 2
    Online Resource
    Online Resource
    Frankfurt am Main : Max Planck Institute for Legal History and Legal Theory
    Language: English
    Pages: 1 Online-Ressource (328 p.)
    Keywords: Legal history ; European history ; Asian history ; 20th century history: c 1900 to c 2000 ; History: specific events & topics ; Constitution: government & the state
    Abstract: This book argues that the narrowing focus of the global history of ideas on narratives in historical research, philosophy and political theory neglects the fact that the central concepts of the history of political ideas are articulated in the language of law. Key figures of the history of ideas, like Kant, Hegel and Weber, engaged deeply with the philosophy and sociology of law. This monograph reveals the significance of the legal semantics of the history of ideas
    Note: English
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  • 3
    ISBN: 9783944773131
    Language: Spanish
    Pages: 1 Online-Ressource (214 p.)
    Keywords: European history ; History of the Americas ; Early modern history: c 1450/1500 to c 1700 ; Legal history
    Abstract: "The Third Mexican Provincial Council, celebrated in 1585, has always been considered a cornerstone of the canonical law of Spanish America, both with regard to its content and the long period and vast territory in which it was in force. New possibilities of research had been made possible due to the publication of the working manuscripts in recent years, enabling a better understanding of the juridical work produced by the bishops. Given these new materials, the author has delved deeper into the drafting processes carried out by the provincial council. Taking a close look at the reports sent to the council, the theological and juridical treaties, and other conciliar and synodal legislation, along with the consultations to jurists and theologians, the author has identified different processes of drafting of the conciliar decrees. The result of this research allows us to relocate the authorship of the conciliar decrees to the Mexican episcopate as well as establish the degree of their originality. Locality of the law and its significance in the legal order in force at that time is one of the characteristics of the body of decrees promulgated at the Third Mexican Provincial Council."
    Note: Spanish; Castilian
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  • 4
    Article
    Article
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    In:  Prohibition of abuse of law (2011), Seite 521-571 | year:2011 | pages:521-571
    ISBN: 1841139386
    Language: Undetermined
    Titel der Quelle: Prohibition of abuse of law
    Publ. der Quelle: Oxford [u.a.] : Hart, 2011
    Angaben zur Quelle: (2011), Seite 521-571
    Angaben zur Quelle: year:2011
    Angaben zur Quelle: pages:521-571
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  • 5
    ISBN: 9781509910717
    Language: Undetermined
    Titel der Quelle: General principles of law
    Publ. der Quelle: Oxford : Hart Publishing, 2017
    Angaben zur Quelle: (2017), Seite 255-268
    Angaben zur Quelle: year:2017
    Angaben zur Quelle: pages:255-268
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  • 6
    ISBN: 9781509910717 , 9781509933099
    Language: English
    Pages: xii, 418 Seiten
    Series Statement: Studies of the Oxford Institute of European and Comparative Law volume 23
    Uniform Title: General principles of law 2017
    Parallel Title: Erscheint auch als General principles of law
    DDC: 349.24
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    Keywords: Court of Justice (Court of Justice of the European Union) ; Court of Justice (Court of Justice of the European Union) ; Comparative law ; International and municipal law ; Proportionality in law ; Customary law ; Legal certainty ; Law ; Law European Union countries ; Comparative law European Union countries ; International and municipal law European Union countries ; Proportionality in law European Union countries ; Customary law European Union countries ; Konferenzschrift ; Europäische Union ; Mitgliedsstaaten ; Rechtsvergleich ; Europäischer Gerichtshof ; Europäische Union ; Mitgliedsstaaten ; Rechtsvergleich ; Europäische Union ; Allgemeine Rechtsgrundsätze ; Mitgliedsstaaten
    Abstract: General principles of international law / Catherine Redgwell -- From myth to reality : The EU's 'new legal order' and the place of general principles within it / Stephen Weatherill -- Theorising general principles of EU law in perspective : high expectations, modest means, and the Court of Justice / Urkaadl and Joxerramon Bengoetxea -- Is legality a principle of EU law? / Alexander Somek -- General principles and the many faces of coherence : between law and ideology in the European Union / Xavier Groussot, Jörgen Hettne and Gunnar Thor Petursson -- General principles and customary law in the EU legal order / Samantha Besson -- Proportionality / Al Young and Gráinne de Búrca -- Proportionality and judicial review : a UK historical perspective / Paul Craig -- The evolution of the principle of proportionality in EU law-- towards an anticipative understanding? / Juliane Kokott and Christoph Sobotta -- Proportionality and the margin of appreciation : Strasbourg and London / Philip Sales -- Orgins and presentation of the proportionality principle in French law / Yoan Sanchez -- An Italian perspective on the principle of proportionality / Giuseppe Martinico and Marta Simoncini -- The application of proportionality in Denmark in the light of European legal integration / Helle Krunke -- Private autonomy and protection of the weaker party / Stephen Weatherill, Stefan Vogenauer, and Petra Weingerl -- Private autonomy and the protection of the weaker party : historical / Hector L. MacQueen and Stephen Bogle -- Personal freedom and the protection of the weak through the lens of contract : jurisprudential overview / Dori Kimel -- Private autonomy, weak parties, and private law : views from law and economics / Fernando Gómez and Mireia Artigot -- Fairness at a time of perplexity : the civil law principle of fairness in the Court of Justice of the European Union / Daniela Caruso -- Discrimination on grounds of obesity / Niilo Jääskinen -- Discrimination on the grounds of sexual orientation and gender identity / Alina Tryfonidou -- Judging general principles / David Edward
    Note: Beiträge einer Konferenz im September 2015 anlässlich des 20. Geburtstags des Institute of European and Comparative Law
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  • 7
    Article
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    In:  The Oxford handbook of comparative law (2008), Seite 869-898 | year:2008 | pages:869-898
    ISBN: 9780199296064
    Language: Undetermined
    Titel der Quelle: The Oxford handbook of comparative law
    Publ. der Quelle: Oxford [u.a.] : Oxford Univ. Press, 2008
    Angaben zur Quelle: (2008), Seite 869-898
    Angaben zur Quelle: year:2008
    Angaben zur Quelle: pages:869-898
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  • 8
    Language: German
    Note: Band 1 herausgegeben von Thomas Finkenauer, Claes Peterson und Michael Stolleis; Band 2 herausgegeben von Masasuke Ishibe, Marie Sandström und Stefan Vogenauer
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  • 9
    Online Resource
    Online Resource
    [S.l.] : Max Planck Institute for European Legal History
    ISBN: 9783944773254 , 394477325X
    Language: Undetermined
    Pages: 1 Online-Ressource (1 online resource)
    DDC: 262.909861
    Keywords: Catholic Church Congresses ; Church and state Congresses ; Ecclesiastical law Congresses ; Religious institutions Congresses History ; Colombia Congresses Church history
    Note: Title from content provider
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  • 10
    Online Resource
    Online Resource
    Frankfurt am Main : Max Planck Institute for Legal History and Legal Theory
    ISBN: 9783944773193
    Language: English
    Pages: 1 Online-Ressource (378 p.)
    Keywords: General & world history ; Legal history
    Abstract: "This book takes a stand against the narrowing focus of (German) jurisprudence on state law, rooted in the history of the territorially organised nation state. In the shadow of this tradition, state(-hood) law was only conceived of as state law. However, a gradual decoupling of state and law is observable – not least because of globalisation – which inevitably entails a pluralisation of legal regulations. Jurisprudence has to react to this, if it wants to remain relevant. This can happen through a broadening of its horizon towards a more far-reaching “science of regulation”, in order to grasp the increasing “Variety of Rules” adequately. State law remains an important and central type of law, yet it is no longer the sole type. If that is the case, it becomes necessary to analyse the following three spheres: (1) the plurality of normative orders, especially those of non-state character; (2) the plurality of norm producers, from state legislature to transnational networks of regulation; (3) finally, the plurality of norm enforcement regimes, from states’ judiciaries via the judiciary of (international) sport to the exercise of social pressure (e. g. political correctness). Those findings of plurality inevitably lead to the follow-up problem of a redefinition of the concept of law and to the question, which types of law/norms can be identified meaningfully."
    Note: English
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