Law of remedies: a European perspective

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), mak...

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Bibliographic Details
Other Authors: Hofmann, Franz 1981- (Editor), Kurz, Franziska (Editor)
Format: Electronic eBook
Language:English
Published: Cambridge Intersentia 2019
Subjects:
Links:https://doi.org/10.1017/9781780689449
https://www.cambridge.org/core/product/identifier/9781780689449/type/BOOK
https://www.cambridge.org/core/product/identifier/9781780689449/type/BOOK
https://www.cambridge.org/core/product/identifier/9781780689449/type/BOOK
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.
Item Description:Title from publisher's bibliographic system (viewed on 08 Nov 2019)
Physical Description:1 Online-Ressource (xviii, 293 Seiten)
ISBN:9781780689449

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