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  • 1
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783031187438
    Language: English
    Pages: 1 Online-Ressource(XIII, 315 p.)
    Edition: 1st ed. 2023.
    Series Statement: Studies in Art, Heritage, Law and the Market 7
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Bolz, Anna A regulatory framework for the art market?
    RVK:
    Keywords: Law—Philosophy. ; Law—History. ; Art—History. ; Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Criminal law. ; Archaeology. ; Cultural property. ; Art ; Law ; Law ; Kunstmarkt ; Regulierung ; Recht ; Echtheit ; Kunstfälschung ; Gutachten ; Geschichte 2000-2023
    Abstract: Setting the Scene: Approach and Methodology -- Peculiarities of the Art Market -- Fraud, Forgery and Authentication -- Remedies: Regulation and New Initiatives -- Conclusions and Recommendations.
    Abstract: This book addresses practical issues in connoisseurship and authentication, as well as the legal implications that arise when an artwork’s authenticity is challenged. In addition, the standards and processes of authentication are critically examined and the legal complications which can inhibit the expression of expert opinions are discussed. The notion of authenticity has always commanded the attention of art market participants and the general art-minded public alike. Coinciding with this, forgery is often considered to be the world’s most glamorous crime, packed with detective stories that are usually astonishing and often bizarre. The research includes findings by economists, sociologists, art historians, lawyers, academics and practitioners, all of which yield insights into the mechanics and peculiarities of the art business and explain why it works so differently from other markets. However, this book will be of interest not only to academics, but to everyone interested in questions of authenticity, forgery and connoisseurship. At the same time, one of its main aims is to advocate best practices in the art market and to stress the importance of cooperation among all disciplines with a stake in it. The results are intended to offer guidance to art market stakeholders, legal practitioners and art historians alike, while also promoting mutual understanding and cooperation.
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  • 2
    ISBN: 9783031141058
    Language: English
    Pages: 1 Online-Ressource (XVII, 314 p. 142 illus.)
    Edition: 1st ed. 2023.
    Series Statement: LCF Studies in Commercial and Financial Law 1
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als
    Parallel Title: Erscheint auch als Quo vadis commercial contract?
    RVK:
    Keywords: Private international law. ; Conflict of laws. ; International law. ; Comparative law. ; Trade regulation. ; Commercial law.
    Abstract: Preface -- Supply chain laws update – Ethics in global commerce through contract and regulation. An introduction -- Part 1: Law and technology -- The role of the Court of Justice of the European Union on the interpretation of platform operators and business users contracts -- Freedom to contract and democracy in the age of blockchain and smart contract -- Part 2: sustainability in commercial contracts -- Eco-reasonableness. Possibilities of incorporating green principles into general private law Clauses -- Right to cure – the odd one out? The CISG's remedial scheme and the circular economy -- From “green bond principles” to “green bond clauses”: mitigating greenwashing through contract law -- Part 3 : Supervening events and contractual ethics -- The Consequences of Brexit for Regulatory Competition and the Approximation of Commercial Law -- A new approach to contracts breached by COVID-19 -- Hong Kong Insurance Industry in Response to COVID-19 -- Uniformity or Diversity of the Concept of Good Faith under the CISG and UAE Law -- The Erosion of Contractual Freedom in Commercial Contracts. A Belgian case-study -- Inequality of Bargaining Power and Arbitration: The Tale of Uber.
    Abstract: This proceedings volume combines chapters derived from papers presented at the 4th and 5th Annual Conferences on the Future of the Commercial Contract in Scholarship and Law Reform. This ongoing research project brings together scholars from all over the world at an annual international conference in London. The book focusses on technology in commercial contract law as well as on sustainability in commercial contracts. The latter theme was inspired by the United Nations' climate conference that was to take place in Glasgow in the United Kingdom that same year. The book combines topical current issues in commercial contract law and practice organized in three parts. The first part contains contributions to the area of law and technology. The second part of the book expands on aspects of sustainability understood as environmental reasonableness in the context of commercial contracts. The third part includes several chapters on the topics of supervening events and contractual ethics. This book is therefore part of a coherent line of contributions to the furthering of modern contract theory. The choice of topics is closely following current issues of legal policy and contract practice.
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  • 3
    Online Resource
    Online Resource
    Cham : Springer International Publishing | Cham : Imprint: Springer
    ISBN: 9783030684945
    Language: English
    Pages: 1 Online-Ressource(VI, 558 p. 2 illus., 1 illus. in color.)
    Edition: 1st ed. 2021.
    Series Statement: Ius Comparatum - Global Studies in Comparative Law 54
    Series Statement: Springer eBook Collection
    Parallel Title: Erscheint auch als Trans rights and wrongs
    RVK:
    Keywords: Private international law. ; Conflict of laws. ; Human rights. ; Identity politics. ; Transsexualität ; Rechtsreform
    Abstract: Introduction -- The stakes in sex: obstacles and opportunities in legal reform for trans persons -- X’ Why? Gender Markers and Non-Binary Transgender People. PART I: The strong medicalization model -- Gender Identity and the LGBT Movement in Brazil -- The Legal Status of Transsexual and Transgender Persons in the Republic of Croatia -- The Civil Status of Trans Persons in the Czech Republic -- Reassignment (change) of sex in Poland – the case law phenomenon in a civil law country -- Conditions for the Recognition of the Civil Status of Transsexual and Transgender Persons under the Romanian Legal System -- Gender Identity, National Identity and the Right of Self- Determination ~A Peculiar Case of Taiwan -- Conditions Of The Recognition Of The Civil Status Of Transsexual And Transgender Persons In Turkey -- PART II: The soft medicalization model -- Conditions of the recognition of the civil status of transsexual and transgender persons in Austria -- Trans persons in Belgium -- The Civil Status of Transgender and Transsexual Persons in England -- Trans rights in Germany -- The protection of trans rights in Israel -- PART III: Self- determination in the registration of sex -- Argentina, transgender and the development of a human rights discourse -- La Reconnaissance Des Droits Des Personnes Trans Au Canada -- Gender Identity, Human Dignity and Self-Determination in Chile -- The recognition of sexual identity as a source of harm in Colombian Constitutional Law -- Conditions of the recognition of the civil status of transsexual and transgender people Denmark -- The Recognition of the Civil Status of Transgender People in Greece -- The Law Concerning Transgender and Transsexual Persons in Ireland -- Recognition of the civil status of transgender people in Norwegian law -- The Paradox of Transgender Law in Sweden -- Perspectives on History, Medicine, Law, and Regulations for Transgender Persons in the United States.
    Abstract: This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations. The importance of the underlying legislation and history is underlined in order to understand the law’s functions concerning discrimination, exclusion, and violence, as well as the problematic nature of introducing biology into the regulation of human relations, and using it to justify pain and suffering. The respective chapters also highlight how various governmental authorities, as well as civil society, have been integral in fostering or impeding the welfare of trans persons, from judges and legislators, to medical commissions and law students. A collective effort of scholars scattered around the globe, this book recognizes the international trend toward self-determination in sex classification and a generous guarantee of rights for individuals expressing diverse gender identities. The book advocates the dissemination of a model for the protection of rights that not only focuses on formal equality, but also addresses the administrative obstacles that trans persons face in their daily lives. In addition, it underscores the importance of courts in either advancing or obstructing the realization of individual rights.
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