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  • Undetermined  (3)
  • Kulms, Rainer  (2)
  • Foblets, Marie-Claire
  • Comparative law  (3)
  • Constitutional & administrative law  (1)
  • 1
    Online Resource
    Online Resource
    Ukrainian Private Law and the European Area of Justice (2019)
    [Erscheinungsort nicht ermittelbar]
    Details
    ISBN: 9783161562068 , 9783161562051
    Language: Undetermined
    Pages: 1 Online-Ressource
    Keywords: Private international law & conflict of laws ; Civil codes / Civil law ; Comparative law
    Abstract: The present collection of essays addresses the development of Ukrainian private law in the course of its ongoing Europeanization. This process is determined by the Association Agreement between the EU and Ukraine, which was concluded in 2014 and obliges Ukraine to implement a diverse number of European legal acts in its national legal system, aiming to achieve the economic integration of Ukraine into the EU internal market. Nevertheless, it would be inaccurate to describe the process of integrating Ukrainian private law into the European Area of Justice as solely the implementation of the Community acquis. Rather, the Europeanization of Ukrainian private law is part of a value-based Europeanization of the entire Ukrainian society
    Note: English
    URL: kostenfrei
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    Online Resource
    MPI Ethno. Forsch.
  • 2
    Online Resource
    Online Resource
    Personal Autonomy in Plural Societies : A Principle and its Paradoxes (2018)
    [Erscheinungsort nicht ermittelbar] : Taylor & Francis
    Details
    ISBN: 9781315413617 , 9781315413600 , 9781138220218 , 9780367884499
    Language: Undetermined
    Pages: 1 Online-Ressource (316 p.)
    Series Statement: Routledge Studies in Cultural History
    Keywords: Jurisprudence & general issues ; Human rights & civil liberties law ; Comparative law ; Anthropology
    Abstract: This volume addresses the exercise of personal autonomy in contemporary situations of normative pluralism. In the Western liberal tradition, from a strictly legal and theoretical perspective the social individual has the right to exercise the autonomy of his or her will. In a context of legal plurality, however, personal autonomy becomes more complicated. Can and should personal autonomy be recognized as a legal foundation for protecting a person’s freedom to renounce what others view as his or her fundamental ‘human rights’? This collection develops an interdisciplinary conceptual framework to address these questions and presents empirical studies examining the gap between the principle of personal autonomy and its implementation. In a context of cultural diversity, this gap manifests itself in two particular ways. First, not every culture gives the same pre-eminence to personal autonomy when examining the legal effects of an individual’s acts. Second, in a society characterized by ‘weak pluralism’, the legal assessment of personal autonomy often favours the views of the dominant majority. In highlighting these diverse perspectives and problematizing the so-called ‘guardian function’ of human rights, i.e., purporting to protect weaker parties by limiting their personal autonomy in the name of gender equality, fair trial, etc., this book offers a nuanced approach to the principle of autonomy and addresses the questions of whether it can effectively be deployed in situations of internormativity and what conditions must be met in order to ensure that it is not rendered devoid of all meaning
    Note: English
    URL: kostenfrei
    Library Location Call Number Volume/Issue/Year Availability
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    Online Resource
    MPI Ethno. Forsch.
  • 3
    Online Resource
    Online Resource
    Private Law in Eastern Europe : Autonomous Developments or Legal Transplants? (2011)
    [Erscheinungsort nicht ermittelbar]
    Details
    ISBN: 9783161505898
    Language: Undetermined
    Pages: 1 Online-Ressource
    Keywords: Constitutional & administrative law ; Private international law & conflict of laws ; Comparative law
    Abstract: More than 20 years have passed since the downfall of socialist systems. To accelerate transformation processes utmost priority was given to the recognition of property rights, an indispensable requirement for free market economies. Regulators soon came to realize that the success of transformation was conditioned on a more systematic approach towards codified civil law and business law. Numerous comparative law studies on individual Eastern European states have been undertaken, but they fail to portray the dynamic in its full scope. Studies adopting long-term perspectives and offering multi-nation comparisons are particularly rare. In March 2009, a symposium was held at the Hamburg Max Planck Institute for Comparative and International Law to address these shortcomings. In this conference volume Christa Jessel-Holst, Rainer Kulms, and Alexander Trunk assemble the contributions by international policy advisors and scholars from Eastern and South Eastern Europe (Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Poland, Romania, Russia, Serbia, Slovenia and Ukraine) assessing codification processes in classic civil law fields and company and capital market laws. In spite of comparable transformation problems, the individual processes are moving forward quite disparately, oscillating between 'old' socialist codifications, legislative projects faithful to the acquis communautaire and new codifications with a distinctly autonomous approach. Nonetheless, most transformation states are united in their effort to establish efficient court systems which can handle the acquis without being positivistic. Contributors: Jürgen Basedow, Rainer Kulms, Michel Nussbaumer, Frederique Dahan, Thomas Meyer, Alexander Komarov, Volodymyr Kossak, Jelena Perovi?, Camelia Toader, Verica Trstenjak, Christian Takoff, Tatjana Josipovi?, Meliha Povlaki?, Du?an Nikoli?, Mirko Vasiljevi?, Alexandra Makovskaya, Oleg Zaitsev, Ionu? Radule?u, Tania Bouzeva, Radu Catan?, András Kisfaludi, Krzysztof Oplustil, Arkadiusz Radwan
    Note: English
    URL: kostenfrei
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
    Online Resource
    MPI Ethno. Forsch.
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