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- БиблиоРоссика - Книга - The harmonization of civil and commercial law
- Juristische und ökonomische Analyse
Globalisation has increased the rate and magnitude of biological invasions, resulting in huge environmental, economic and social costs. Until recently, the effectiveness of international efforts to provide a coordinated response to the threat of alien invasions have been limited. Routledge handbook of judicial behavior Year of publ.: Consequently, there is a strong need for theoretical work on the research that focuses on courts, judges and the judicial process. The Routledge Handbook of Judicial Behavior provides the most up to date examination of scholarship across the entire spectrum of judicial politics and behavior, written by a combination of currently prominent scholars and the emergent next generation of researchers.
Unlike almost all other volumes, this Handbook examines judicial behavior from both an American and Comparative perspective.? Part 1 provides a broad overview of the dominant Theoretical and Methodological perspectives used to examine and understand judicial behavior, Part 2 offers an in-depth analysis of the various current scholarly areas examining the U. Each author in this volume provides perspectives on the most current methodological and substantive approaches in their respective areas, along with suggestions for future research.
The chapters contained within will generate additional scholarly and public interest by focusing on topics most salient to the academic, legal and policy communities. Handbook on Punishment Decisions Year of publ.: Locations of Disparity provides a comprehensive assessment of the current knowledge on sites of disparity in punishment decision-making. The sixteen contributions pull together what we know and what we don't about punishment decision-making and plow new ground for further advances in the field.
Each thematic volume focuses on a single topical issue that intersects with corrections and sentencing research. Managing the Euro Crisis Year of publ.: How to improve the overall implementation of EU policies and domestic reforms? How to negotiate effectively with the Troika and then quickly and efficiently fulfil the requirements of the Memoranda of Understanding? This volume offers the first analysis of EU coordination by national executives in the light of the legal and political consequences of the crisis, using case studies of five severely affected Member States: Cyprus, Greece, Ireland, Italy,?
It examines from an interdisciplinary perspective how they have adapted their coordination systems since the outbreak of the crisis, shedding light on the adjustments undertaken by domestic administrations. The comparison reveals that in this process Prime Ministers and Ministers of Finance were empowered in a common shift towards the centralization of EU coordination. Mathis, Klaus; Huber, Bruce R.
Environmental Law and Economics Year of publ.: Environmental issues raise a vast range of legal questions: Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development?
Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.
Jurinski, James John Title: Tax reform Year of publ.: Today, widespread displeasure with our tax system continues, as demonstrated by the strong anti-tax position of the recent Tea Party movement. Details regarding past tax reform measures are provided to lend relevance and perspective to recent tax reform proposals, such as replacing the income tax and the IRS with a federal sales tax.
The author stresses political rather than technical issues, and presents all viewpoints on this hotly debated topic fairly. The infidel and the professor Year of publ.: Transaction costs and the sharing economy. Bueno de Mesquita, Bruce Title: Political economy for public policy Year of publ.: Choosing in groups Year of publ.: To understand how political institutions work, it is important to isolate what citizens - as individuals and as members of society - actually want. This book develops a means of 'representing' the preferences of citizens so that institutions can be studied more carefully.
This is the first book to integrate the classical problem of constitutions with modern spatial theory, connecting Aristotle and Montesquieu with Arrow and Buchanan" Shepsle Kenneth A Title: Analyzing politics Year of publ.: The Second Edition has been thoroughly revised to include updated cases and examples, new problem sets and discussion questions, and new? Experimental Corner" sections at the end of many chapters, describing experiments from social science literature.
Sports law in Hungary Year of publ.: The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law.
The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play.
However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport.
It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Hungary will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.
Table of contents Mi a nyelv? Pease, Barbara; Pease, Allan Title: Strategic management Year of publ.: Strategic Management captures the complexity of the current business environment and delivers the latest skills and concepts with unrivaled clarity, helping students develop their own cutting-edge strategy through skill-developing exercises. The Sixteenth Edition has been thoroughly updated and revised with current research and concepts.
This edition includes 30 new cases and end-of-chapter material, including added exercises and review questions. On the high wire Year of publ.: The title On the High Wire suggests the precarious nature of the? We know that our identities are central to how we experience the world and how the world reacts to us. This reality is clearly visible in this book. These multiple identities and roles come into conflict at multiple points and in different ways. This book explores these identities and roles through autoethnographic accounts written by varied education faculty in order to make these tensions visible for the field to address.
A brain-focused foundation for economic science Year of publ.: Since Robbins' Essay, economists have learned more than Robbins and his cohorts could have imagined about human decision making and about the human brain that is the lynchpin of human decision making. This book argues however that behavioral economists and neuroeconomists, in pointing to numerous ways people fall short of perfectly rational decisions anomalies, biases, and downright errors , have saved conventional economics from such self-contradictions in what could be viewed as a wayward approach.
This book posits that the human brain is the ultimate scarce resource, and that a focus on the brain can bring a new foundation for economics and can save the discipline from hostile criticisms from a variety of non-economists many psychologists. The globalization paradox Year of publ.: Foreign Affairs In this eloquent challenge to the reigning wisdom on globalization, Dani Rodrik reminds us of the importance of the nation-state, arguing forcefully that when the social arrangements of democracies inevitably clash with the international demands of globalization, national priorities should take precedence.
Combining history with insight, humor with good-natured critique, Rodrik's case for a customizable globalization supported by a light frame of international rules shows the way to a balanced prosperity as we confront today's global challenges in trade, finance, and labor markets. Steuern steuern Year of publ.: Das erste Buch, das zeigt: Steuern steuern macht Spa. Funding the cooperative city Year of publ.: Beyond the pride and the privilege Year of publ.: The purpose of this book is to provide a view into doctoral student work-lives and their efforts to find a balance between often seemingly conflicting responsibilities.
Lastly, we anticipate that these doctoral student narratives will help illuminate potential strategies that doctoral programs, departments, and institutions can incorporate in their efforts to help students successfully complete their program of study. As such the intended audience is doctoral students, higher education professionals, faculty members, and educational leaders. Kalveram, Andreas Bobby Title: Work-Life-Balance in einer sich wandelnden Welt Year of publ.: Das ist die Kernbotschaft dieses Buches.
State building in Putin's Russia Year of publ.: This book argues that Putin's strategy for rebuilding the state was fundamentally flawed. Taylor demonstrates that a disregard for the way state officials behave toward citizens - state quality - had a negative impact on what the state could do - state capacity. Focusing on those organizations that control state coercion, what Russians call the "power ministries," Taylor shows that many of the weaknesses of the Russian state that existed under Boris Yeltsin persisted under Putin.
Drawing on extensive field research and interviews, as well as a wide range of comparative data, the book reveals the practices and norms that guide the behavior of Russian power ministry officials the so-called siloviki , especially law enforcement personnel. By examining siloviki behavior from the Kremlin down to the street level, State Building in Putin's Russia uncovers the who, where, and how of Russian state building after communism.
Russia in the 21st century Year of publ.: Contrary to conventional wisdom, this goal would appear to be easily within the Kremlin's grasp, but the cost to the Russian people and global security would be immense. Hence, Steven Rosefielde proposes a sophisticated strategy to dissuade President Vladimir Putin from pursuing the destabilizing course.
His analysis conflicts with the post-cold-war image of the Soviet Union as a westernizing, mass consumption society committed to "peaceful coexistence. Zwischen Misstrauen, Regulation und Integration Year of publ.: Mein Europa Year of publ.: Leadership als Co-Creation Year of publ.: Organisationen, Institutionen und Netzwerke funktionieren dann am besten, wenn Vorgesetzte wie Mitarbeitende ihre Kompetenzen einbringen und Wissen teilen.
Tourism in focus Year of publ.: Susskind, Richard; Susskind, Daniel Title: Existenzkrise der Demokratie Year of publ.: Kommunismus und Faschismus boten Modelle einer alternativen Moderne. Das demokratische Zeitalter Year of publ.: Sie setzt ein und reicht bis zum Zusammenbruch der realsozialistischen Staaten Osteuropas Ende der er Jahre. Cultural evolution Year of publ.: For under extreme scarcity, xenophobia is realistic: Conversely, high levels of existential security encourage openness to change, diversity, and new ideas.
The unprecedented prosperity and security of the postwar era brought cultural change, the environmentalist movement, and the spread of democracy. But in recent decades, diminishing job security and rising inequality have led to an authoritarian reaction. Evidence from more than countries demonstrates that people's motivations and behavior reflect the extent to which they take survival for granted - and that modernization changes them in roughly predictable ways.
This book explains the rise of environmentalist parties, gender equality, and same-sex marriage through a new, empirically-tested version of modernization theory. Presents the evolutionary modernization theory, a new interpretation of what drives political and social change Tests the implications of this theory against survey data from over countries, surveyed from to Presents the findings in discussions based on graphs rather than using equations and statistical tables.
Macroeconomics Year of publ.: In this best-selling introductory textbook, Krugman and Wells' signature storytelling style and uncanny eye for revealing examples help readers understand how economic concepts play out in our world. Macroeconomics 5e provides unparalleled coverage of current topics, including sustainability, the economic impact of technology and pressing policy debates.
A commitment to broadening students' understanding of the global economy; a global focus is woven throughout with more on the ascendance of China's economy, the Euro and events in Europe including Brexit , and post-recession economies around the globe Handbook of macroeconomics Year of publ.: As this volume shows, macroeconomics has undergone a profound change since the publication of the last volume, due in no small part to the questions thrust into the spotlight by the worldwide financial crisis of With contributions from the world's leading macroeconomists, its reevaluation of macroeconomic scholarship and assessment of its future constitute an investment worth making.
Serves a double role as a textbook for macroeconomics courses and as a gateway for students to the latest research Acts as a one-of-a-kind resource as no major collections of macroeconomic essays have been published in the last decade Builds upon Volume 1 by using its section headings to illustrate just how far macroeconomic thought has evolved. Commun, Patricia; Kolev, Stefan Title: An Introduction -- II. New Biographical Insights -- 1. From Neoliberalism to Neoconservatism -- 3. The Making of the Third way: Between Keynes and the Austrians -- 5.
Advocating a Pragmatic Business Cycle Policy -- 8. Between Conservatism and Liberalism -- IV. From Basel to Brooklyn: Why He Was a Conservative -- Cultural Pessimism and Liberal Regeneration? Scepticism about Markets and Optimism about Culture -- A Comparison with James M. Get your tickets for WTF?! An Economic Tour of the Weird! This rollicking tour through a museum of the world's weirdest practices is guaranteed to make you say, "WTF?! That today, in Liberia, accused criminals sometimes drink poison to determine their fate?
How about the fact that, for years, Italy criminally prosecuted cockroaches and crickets? Do you wonder why? Then this tour is just for you! From one exhibit to the next, you'll overhear Leeson's riotous exchanges with the patrons and learn how to use economic thinking to reveal the hidden sense behind seemingly senseless human behavior?
Leeson shows that far from "irrational" or "accidents of history," humanity's most outlandish rituals are ingenious solutions to pressing problems? Can you handle getting schooled by the strange? Better hurry, the tour is about to start! Constitutional economics and public institutions Year of publ.: The expert contributions are underpinned by the notion of moving economic thinking away from the analysis of the logic of a situation given a set of well-established and well-enforced 'rules of the game', towards a deeper analysis of the logic behind the selection of the rules of the game themselves.
Within this context, the theme of choice between rules as well as the more conventional analysis within rules across historical time and place, and in various thought experiments and conceptual situations, is explored in detail. Extensive case studies back theory with empirical evidence, and topics discussed include: This stimulating book will prove a thought-provoking read for academics and both under- and post-graduate students in the fields of economics particularly public choice and Austrian economics , public policy and political science. Smiler, Kevin; Hanson, Robin Title: The Elephant in the Brain Year of publ.: Our brains, therefore, are designed not just to hunt and gather, but also to help us get ahead socially, often via deception and self-deception.
But while we may be self-interested schemers, we benefit by pretending otherwise. The less we know about our own ugly motives, the better - and thus we don't like to talk or even think about the extent of our selfishness. This is "the elephant in the brain. The aim of this book, then, is to confront our hidden motives directly - to track down the darker, unexamined corners of our psyches and blast them with floodlights. Then, once everything is clearly visible, we can work to better understand ourselves: Why do we laugh? Why are artists sexy? Why do we brag about travel?
Why do we prefer to speak rather than listen? Our unconscious motives drive more than just our private behavior; they also infect our venerated social institutions such as Art, School, Charity, Medicine, Politics, and Religion. In fact, these institutions are in many ways designed to accommodate our hidden motives, to serve covert agendas alongside their "official" ones.
The existence of big hidden motives can upend the usual political debates, leading one to question the legitimacy of these social institutions, and of standard policies designed to favor or discourage them. You won't see yourself - or the world - the same after confronting the elephant in the brain. A brief history of entrepreneurship Year of publ.: Entrepreneurs often butt up against processes, technologies, social conventions, and even laws.
So they circumvent, innovate, and violate to obtain what they want. This creative destruction has brought about overland and overseas trade, colonization, and a host of revolutionary technologies? Consulting rich archival sources, including some that have never before been translated, Carlen maps the course of human history through nine episodes when entrepreneurship reshaped our world. Highlighting the most colorful characters of each era, he discusses Mesopotamian merchants' creation of the urban market economy; Phoenician merchant-sailors intercontinental trade, which came to connect Africa, Asia, and Europe; Chinese tea traders' invention of paper money; the colonization of the Americas; and the current "flattening" of the world's economic playing field.
Yet the pursuit of profit hasn't always moved us forward. From slavery to organized crime, Carlen explores how entrepreneurship can sometimes work at the expense of others. He also discusses the new entrepreneurs who, through the nascent space tourism industry, are leading humanity to a multiplanetary future. By exploring all sides of this legacy, Carlen brings much-needed detail to the role of entrepreneurship in revolutionizing civilization. Humane economics Year of publ.: The subjects appear unrelated, but a close examination of his research reveals an underlying unity of thought and an economics at sharp variance with the post-Second World War mainstream.
The contributors to this collection explore the legacy of his scholarship and its implications for economics. This book explores three themes that run throughout Don Lavoie's work. His overarching theme was the importance of social intelligence to economics. Second, and related to the first, was his recognition that certain institutions or practices are better at creating social intelligence than others-what could be called the primacy of liberty.
Third was his assertion that economics shares more in common with the humane disciplines than with the physical sciences. As these essays make clear, Don Lavoie's work sets the stage for a whole new generation of economists to align their work more closely with the humanities.
Students and scholars of economics, methodology, and the humanities more broadly will find this a provocative and enriching collection. Summa summarum Year of publ.: Table of contents Upgrade 4. Mind the gap Year of publ.: The sharing economy Year of publ.: Giving someone a ride, having a guest in your spare room, running errands for someone, participating in a supper club? What is new, in the "sharing economy," is that you are not helping a friend for free; you are providing these services to a stranger for money. In this book, Arun Sundararajan, an expert on the sharing economy, explains the transition to what he describes as "crowd-based capitalism"?
As peer-to-peer commercial exchange blurs the lines between the personal and the professional, how will the economy, government regulation, what it means to have a job, and our social fabric be affected? Botsman, Rachel; Rogers, Roo Title: What's mine is yours Year of publ.: Made in marketing Year of publ.: Az "impexek" kora Year of publ.: Cairns, Julie Ann Title: Fundamentals of corporate finance Year of publ.: Towards an imperfect union Year of publ.: Europeans are haunted, once again, by the specters of nationalism, fascism, and economic protectionism.
Instead of sounding the alarm, many conservatives have become cheerleaders for the demise of the European Union EU. This compelling book represents the first systematic attempt to justify the European project from a free-market, conservative viewpoint. Although many of their criticisms are justified, Dalibor Rohac contends that Euroskeptics are playing a dangerous game.
Their rejection of European integration places them in the unsavory company of nationalists, left-wing radicals, and Putin apologists. Their defense of the nation-state against Brussels, furthermore, is ahistorical.
He convincingly shows that the flourishing of democracy and free markets in Europe has gone hand in hand with the integration project. Europe's pre-EU past, in contrast, was marked by a series of geopolitical calamities. When British voters make their decision in June, they should remember that while Brexit would not be a political or economic disaster for the United Kingdom, it would not solve any of the problems that the? Leavers" associate with EU membership. Worse yet, its departure from the European Union would strengthen the centrifugal forces that are already undermining Europe's ability to solve the multitude of political, economic, and security challenges plaguing the continent today.
Instead of advocating for the end of the EU, Rohac argues that conservatives must come to the rescue of the integration project by helping to reduce the EU's democratic deficit and turning it into an engine of economic dynamism and prosperity. Capitalism without capital Year of publ.: The rise of the intangible economy. Identity economics Year of publ.: In , economist Rachel Kranton wrote future Nobel Prize-winner George Akerlof a letter insisting that his most recent paper was wrong. Identity, she argued, was the missing element that would help to explain why people--facing the same economic circumstances--would make different choices.
This was the beginning of a fourteen-year collaboration--and of Identity Economics. The authors explain how our conception of who we are and who we want to be may shape our economic lives more than any other factor, affecting how hard we work, and how we learn, spend, and save. Identity economics is a new way to understand people's decisions--at work, at school, and at home. With it, we can better appreciate why incentives like stock options work or don't; why some schools succeed and others don't; why some cities and towns don't invest in their futures--and much, much more.
Identity Economics bridges a critical gap in the social sciences. It brings identity and norms to economics. People's notions of what is proper, and what is forbidden, and for whom, are fundamental to how hard they work, and how they learn, spend, and save.
Thus people's identity--their conception of who they are, and of who they choose to be--may be the most important factor affecting their economic lives. And the limits placed by society on people's identity can also be crucial determinants of their economic well-being. Worldly philosopher Year of publ.: Globalists Year of publ.: In the first intellectual history of neoliberal globalism, Quinn Slobodian follows a group of thinkers from the ashes of the Habsburg Empire to the creation of the World Trade Organization to show that neoliberalism emerged less to shrink government and abolish regulations than to redeploy them at a global level.
Slobodian begins in Austria in the s. Empires were dissolving and nationalism, socialism, and democratic self-determination threatened the stability of the global capitalist system. In response, Austrian intellectuals called for a new way of organizing the world. But they and their successors in academia and government, from such famous economists as Friedrich Hayek and Ludwig von Mises to influential but lesser-known figures such as Wilhelm Roepke and Michael Heilperin, did not propose a regime of laissez-faire.
Rather they used states and global institutions--the League of Nations, the European Court of Justice, the World Trade Organization, and international investment law--to insulate the markets against sovereign states, political change, and turbulent democratic demands for greater equality and social justice. Far from discarding the regulatory state, neoliberals wanted to harness it to their grand project of protecting capitalism on a global scale.
It was a project, Slobodian shows, that changed the world, but that was also undermined time and again by the inequality, relentless change, and social injustice that accompanied it. Kaizen expressz Year of publ.: Okosabban, gyorsabban, jobban Year of publ.: Ebaugh, Helen Rose Title: A retorika birodalma Year of publ.: Europe central Year of publ.: Vollmann turns his trenchant eye on the authoritarian cultures of Germany and the USSR in the twentieth century to render a mesmerizing perspective on human experience during wartime.
Through interwoven narratives that paint a composite portrait of these two battling leviathans and the monstrous age they defined, Europe Central captures a chorus of voices both real and fictional- a young German who joins the SS to fight its crimes, two generals who collaborate with the enemy for different reasons, the Soviet composer Dmitri Shostakovich and the Stalinist assaults upon his work and life. Evaluierung des Behindertengleichstellungsrechts Year of publ.: Die sozialwissenschaftliche Studie wurde durch die Fa.
Sie befasst sich in erster Linie mit einer wirkungsorientierten Evaluierung des Behindertengleichstellungspaketes. Dieses im Jahr beschlossene Paket umfasst in erster Linie das Bundes-Behindertengleichstellungsgesetz, jene Bestimmungen des Behinderteneinstellungsgesetzes, die den Schutz vor Diskriminierung in der Arbeitswelt regeln, sowie einige Teile des Bundesbehindertengesetzes, insbesondere den Behindertenanwalt betreffend.
Das rechtswissenschaftliche Gutachten wurde von Univ. Walter Pfeil und Dr. Der Bericht setzt sich mit diversen rechtlichen Fragestellungen zum Behindertengleichstellungsrecht auseinander und analysiert die bestehende Rechtslage. Soziale Marktwirtschaft Year of publ.: Product design Year of publ.: It is the journey when you discover what hurts your audience and experiment with different solutions, until you find something they will love.
In the book I go through the steps of the product design process. It starts with product discovery methods: I explain the tricks most of the famous tech companies use, and I also show you some examples and case studies from our work at UX studio. The book will teach you how to find people's pain points, how to build prototypes and how to test them. There are 9 different UX research methods explained, all with real-life examples.
You can also learn how to do all these things in a corporate environment, and how to integrate product design into the agile software development process every company uses nowadays. I collected some great workshop methods also, which will help you to convince your team and your stakeholders. Reinventing organizations Year of publ.: Integral logistics management Year of publ.: Rontja a kereskedelmi forgalmat.
A gyermek joga a tiszteletre Year of publ.: Launch Year of publ.: Luxushotel, Hungary Year of publ.: Practical tax knowledge in English Year of publ.: Nem kell nemzeti minimum Year of publ.: Table of contents Mi az a nemzeti minimum?. Trump, Donald John Title: Great again Year of publ.: Korea Year of publ.: Reemtsma, Jan Philipp Title: Hilfiger, Tommy; Knobler, Peter Title: Kissinger, Henry Alfred Title: Milyen a profik jelleme?
The age of direct citizen participation Year of publ.: Citizens today have the knowledge and ability to participate more fully in the political, technical, and administrative decisions that affect them. On the other hand, direct citizen participation is often viewed with skepticism, even wariness. Many argue that citizens do not have the time, preparation, or interest to be directly involved in public affairs, and suggest instead that representative democracy, or indirect citizen participation, is the most effective form of government.
Some of the very best writings on this key topic - which is at the root of the entire "reinventing government" movement - can be found in the journals that ASPA publishes or sponsors. In this collection Nancy Roberts has brought together the emerging classics on the ongoing debate over citizen involvement.
Her detailed introductory essay and section openers frame the key issues, provide historical context, and fill in any gaps not directly covered by the articles. More than just an anthology, "The Age of Direct Citizen Participation" provides a unique and useful framework for understanding this important subject. It is an ideal resource for any Public Administration course involving citizen engagement and performance management. Recently, participation has been fashionably dismissed as more rhetoric than substance, and subject to manipulation by agents pursuing their own agendas under cover of community consent.
In this important new volume, development and other social policy scholars and practitioners seek to rebut this simplistic conclusion. They show how participation can help produce genuine transformation for marginalized communities. This volume is the first comprehensive attempt to evaluate the state of participatory approaches in the aftermath of the "Tyranny" critique. It captures the recent convergence between participatory development and participatory governance.
It revisits the question of popular agency, as well as spanning the range of institutional actors involved--the state, civil society and donor agencies. The volume embeds participation within contemporary advances in development theory. Nonprofit szervezetek - a Freiburgi Menedzsment-Modell Year of publ.: Atkinson, Anthony Barnes Title: Marketing Year of publ.: Neve szinte egybeforrt itthon a Google AdWords rendszerrel.
Cafeteria kalandpark Year of publ.: McGillian, Jamie Kyle Title: A nagy hajsza Year of publ.: The unfree professions Year of publ.: Jarausch examines this fascinating and largely unexplored subject, tracing the social, ideological, and political development of three representative German professions--law, teaching, and engineering--from the late Empire to the early Federal Republic. Based on a reformulated professionalization theory and on authoritative statistics, he describes professional prosperity and prestige in the Second Reich and analyzes the social crisis brought on by hyperinflation, stabilization, and Depression during the chaotic Weimar years.
Threatened with the loss of livelihood and frightened by cultural disorientation, many experts embraced neo-conservative ideas and cooperated in Hitler's seizure of power. Welcoming the apparent restoration of their authority in the early Third Reich, professionals collaborated in the racial purges and warping of ethics, practices, and organizations under Nazi rule.
During the Second World War, the radicalization of SS terror threatened the very survival of the professions so that most practitioners were only too happy to be rescued by Allied victory. Exploring the reluctant democratization of the post-war professions, Jarausch concludes with a reflection on the lessons of the German experience for the relationship between professionalism and liberty.
Kassay, Stefan; Lajos P. A McDonald's sztori Year of publ.: The Hungarian way Year of publ.: The significance of the Hungarian way lies in the fact that traditional central bank approaches were successfully complemented by innovative, well-targeted measures that were sometimes considered unconventional and that took into account the unique features of the economy and experiences from the crisis that led to the paradigm shift, thereby generating substantial and sustained results in the Hungarian economy.
With this book, the Magyar Nemzeti Bank complies with its statutory obligations and mainly seeks to help improve financial literacy and economic thinking in Hungary, while providing useful reading to all those interested in the topic. The future of law and economics Year of publ.: The first, Benthamite, strain,? The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory.
It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike. Democracy in motion Year of publ.: The product of a unique and deliberative collaboration of over 60 leading practitioners and academics across the globe to tackle the "big questions " of deliberative civic engagement; Organized in a series of chapters that explore the big questions about pblic deliberation, assessing what we know, how we know it, and what remains to be understood; Written for a wide variety of audiences in all parts of the world, from academics, scholars, and students across many fields, to activists and civic leaders, to government and public officials, and to concerned citizens.
Bernanke, Ben Shalom Title: Yet post-socialist modernisation has not been without its contradictions, manifesting in increasing social and territorial inequalities. Recent studies also suggest there are apparent limits to post-socialist growth models, accompanying a new set of challenges within an increasingly uncertain world. Aiming to deliver a new synthesis of regional development issues at the crossroads between?
A comparative approach is used to highlight common development challenges and the underlying patterns of socio-economic differentiation alike. The issues investigated within the Handbook extend to a discussion of the varied economic consequences of transition, the social structures and institutional systems which underpin development processes, and the broadly understood sustainability of Central and Eastern Europe's current development model. This book will be of interest to academics and policymakers working in the fields of regional studies, economic geography, development studies and policy.
Melyek a projektmenedzser legfontosabb feladatai? Mit tartalmaznak a projektek legfontosabb tervei? The political economy of collective decision- making Year of publ.: What are the dimensions of political conflict, and which countries form coalitions in the intense negotiations to achieve their desired policy outcomes? Focussing on collective decision-making in the Council between and , this book provides a comprehensive account of these salient issues that lie at the heart of political accountability and legitimacy in the European Union.
Based on a novel and unique dataset of estimates of government policy positions, salience and power in influencing deliberations, an explanatory model approximating the Nash-Bargaining solution is employed to predict the policy outcomes on ten policy domains of central importance to this institution. The book's analyses comprise investigations into the determinants of decision-making success, the architecture of the political space and the governments' coalition behavior.
Labeling genetically modified food Year of publ.: When polled, consumers say that they want to know whether their food contains GM ingredients, just as many want to know whether their food is natural or organic. Informing consumers is a major motivation for labeling. But labeling need not be mandatory. Consumers who want GM-free products will pay a premium to support voluntary labeling.
Why do consumers want to know about GM ingredients? GM foods are tested to ensure safety and have been on the market for more than a decade. Still, many consumers, including some with food allergies, want to be cautious. Also, GM crops may affect neighboring plants through pollen drift. Despite tests for environmental impact, some consumers may worry that GM crops will adversely effect the environment.
The study of risk and its management raises questions not settled by the life sciences alone. This book surveys various labeling policies and the cases for them. It is the first comprehensive, interdisciplinary treatment of the debate about labeling genetically modified food. Devizahitel Year of publ.: Out of office Year of publ.: A Nike-sztori Year of publ.: Critique of mainstream Austrian economics Year of publ.: Fekete concisely formulates a number of arguments, not so much against Austrian Economics, but rather in favour of them. His critique is to be seen as a way of fortifying and improving on Carl Menger and Ludwig von Mises and their concepts, heterodox as they were in Central Europe, before World War I.
Some arguments take position against Mises who seemed locked into conclusions inspired by unfortunate assumptions like the Quantity Theory of Money. Overcoming these limitations improves coherence in economic theory.
The title should not fool the reader, the arguments are crafted against those who took Menger and Mises and hammered their concepts into mainstream economic science. Whatever their motives, their move stunted independent development of Austrian thinking. Antal Fekete sets out to correct this unfortunate situation. He feels his work should be the beginning, not the end, of a renewal in Austrian economic thinking. Brief coaching Year of publ.: Self-marketing Year of publ.: Rework Year of publ.: Prior processes and their applications Year of publ.: Applications of these priors in various estimation problems are presented.
Starting with the famous Dirichlet process and its variants, the first part describes processes neutral to the right, gamma and extended gamma, beta and beta-Stacy, tail free and Polya tree, one and two parameter Poisson-Dirichlet, the Chinese Restaurant and Indian Buffet processes, etc. In addition, several new processes that have appeared in the literature in recent years and which are off-shoots of the Dirichlet process are described briefly. The second part contains the Bayesian solutions to certain estimation problems pertaining to the distribution function and its functional based on complete data.
Because of the conjugacy property of some of these processes, the resulting solutions are mostly in closed form. The third part treats similar problems but based on right censored data. Other applications are also included. A comprehensive list of references is provided in order to help readers explore further on their own. Statistics and data analysis for financial engineering Year of publ.: Key features of this textbook are: Despite some overlap with the author's undergraduate textbook Statistics and Finance: An Introduction, this book differs from that earlier volume in several important aspects: The prerequisites are basic statistics and probability, matrices and linear algebra, and calculus.
Some exposure to finance is helpful. Asymptotic theory of weakly dependent random processes Year of publ.: The first chapter introduces covariance inequalities under strong mixing or absolute regularity. These covariance inequalities are applied in Chapters 2, 3 and 4 to moment inequalities, rates of convergence in the strong law, and central limit theorems.
Chapter 5 concerns coupling. In Chapter 6 new deviation inequalities and new moment inequalities for partial sums via the coupling lemmas of Chapter 5 are derived and applied to the bounded law of the iterated logarithm. Chapters 7 and 8 deal with the theory of empirical processes under weak dependence.
Lastly, Chapter 9 describes links between ergodicity, return times and rates of mixing in the case of irreducible Markov chains. Each chapter ends with a set of exercises. Schwarzer, Guido; Carpenter, James R. Meta-analysis with R Year of publ.: It is intended for quantitative researchers and students in the medical and social sciences who wish to learn how to perform meta-analysis with R.
As such, the book introduces the key concepts and models used in meta-analysis. It also includes chapters on the following advanced topics: Optimality and risk - modern trends in mathematical finance Year of publ.: The readers learn about the recent results and techniques of optimal investment, risk measures and derivative pricing. There are also papers touching upon credit risk, martingale theory and limit theorems.
Forefront researchers in probability and financial mathematics have contributed to this volume paying tribute to Yuri Kabanov, an eminent researcher in probability and mathematical finance, on the occasion of his 60th birthday. The volume gives a fair overview of these topics and the current approaches. Analysis and geometry of Markov diffusion operators Year of publ.: At the same time, it covers a large class of evolution and partial differential equations.
The book is intended to serve as an introduction to the subject and to be accessible for beginning and advanced scientists and non-specialists. Simultaneously, it covers a wide range of results and techniques from the early developments in the mid-eighties to the latest achievements. As such, students and researchers interested in the modern aspects of Markov diffusion operators and semigroups and their connections to analytic functional inequalities, probabilistic convergence to equilibrium and geometric curvature will find it especially useful. Selected chapters can also be used for advanced courses on the topic.
Bayesian nonparametric data analysis Year of publ.: Rather than providing an encyclopedic review of probability models, the book's structure follows a data analysis perspective. As such, the chapters are organized by traditional data analysis problems. In selecting specific nonparametric models, simpler and more traditional models are favored over specialized ones. The discussed methods are illustrated with a wealth of examples, including applications ranging from stylized examples to case studies from recent literature.
The book also includes an extensive discussion of computational methods and details on their implementation. R code for many examples is included in online software pages. Statistics for high-dimensional data Year of publ.: This book presents a detailed account of recently developed approaches, including the Lasso and versions of it for various models, boosting methods, undirected graphical modeling, and procedures controlling false positive selections. A special characteristic of the book is that it contains comprehensive mathematical theory on high-dimensional statistics combined with methodology, algorithms and illustrations with real data examples.
This in-depth approach highlights the methods' great potential and practical applicability in a variety of settings. As such, it is a valuable resource for researchers, graduate students and experts in statistics, applied mathematics and computer science. Rao, Malempati Madhusudana Title: Stochastic processes - inference theory Year of publ.: The present volume gives a substantial account of regression analysis, both for stochastic processes and measures, and includes recent material on Ridge regression with some unexpected applications, for example in econometrics.
Essentials of stochastic processes Year of publ.: It covers Markov chains in discrete and continuous time, Poisson processes, renewal processes, martingales, and option pricing. One can only learn a subject by seeing it in action, so there are a large number of examples and more than carefully chosen exercises to deepen the reader's understanding. Random measures, theory and applications Year of publ.: The three large final chapters focus on applications within the areas of stochastic geometry, excursion theory, and branching processes.
Although this theory plays a fundamental role in most areas of modern probability, much of it, including the most basic material, has previously been available only in scores of journal articles. The book is primarily directed towards researchers and advanced graduate students in stochastic processes and related areas.
Jacod, Jean; Protter, Philip E. Discretization of processes Year of publ.: Classic statistical tools are used: Researchers have recently developed creative and original methods to use these tools in sophisticated but highly technical ways to reveal new details about the underlying structure. For the first time in book form, the authors present these latest techniques, based on research from the last 10 years.
БиблиоРоссика - Книга - The harmonization of civil and commercial law
They include new findings. Free probability and random matrices Year of publ.: From its roots in the theory of operator algebras, free probability has intertwined with non-crossing partitions, random matrices, applications in wireless communications, representation theory of large groups, quantum groups, the invariant subspace problem, large deviations, subfactors, and beyond. This book puts a special emphasis on the relation of free probability to random matrices, but also touches upon the operator algebraic, combinatorial, and analytic aspects of the theory.
It will appeal to graduate students and all mathematicians interested in random matrices and free probability from the point of view of operator algebras, combinatorics, analytic functions, or applications in engineering and statistical physics. Srivastava, Anuj; Klassen, Eric P. Functional and shape data analysis Year of publ.: It is aimed at graduate students in analysis in statistics, engineering, applied mathematics, neuroscience, biology, bioinformatics, and other related areas.
The interdisciplinary nature of the broad range of ideas covered-from introductory theory to algorithmic implementations and some statistical case studies-is meant to familiarize graduate students with an array of tools that are relevant in developing computational solutions for shape and related analyses. These tools, gleaned from geometry, algebra, statistics, and computational science, are traditionally scattered across different courses, departments, and disciplines; Functional and Shape Data Analysis offers a unified, comprehensive solution by integrating the registration problem into shape analysis, better preparing graduate students for handling future scientific challenges.
Ucajkin, Vladimir Vasil'evi Title: Fractional derivatives for physicists and engineers Year of publ.: The right of action provided by Community law is not of a general nature, but one which must at least be recognized in the cases considered in the Annex to the Directive. This therefore is another example of so-called minimum harmonization. Examples of National Transposition In the Member States the implementation of the Directive on injunctions is very recent.
Moreover the Italian decree provides that independent public bodies and organizations, recognized in other European States and enrolled in the list of institutions qualified to bring injunction proceedings in the 84 Concerning the entities qualified to bring an action under art. Later ministerial decree D. From another point of view, the indication of the kinds of acts and behavior must be taken as summarizing all the ways by which an infringement of the collective interests of consumers may take place, following the principle which requires the interpretation which is closest to the intention of the Community legislature.
The text and commentary which follows the text can be found at the following address: Private consumer organisations may be designated for all purposes under these Regulations or in relation only to particular types of Community infringement. The names of other UK qualified entities are to be published in a manner that appears to the Secretary of State best calculated for bringing it to the attention of persons who may be concerned.
At the request of an other UK qualified entity, the Secretary of State is required to notify the European Commission that it should be added to the list of bodies qualified to bring proceedings which is published in the Official Journal. The Director General, public UK qualified entities and other UK qualified entities on the Official Journal list may co-operate with each other and with Community qualified entities for the purpose of bringing proceedings under these Regulations or in other Member States.
The CEECs have not yet transposed this Directive into national law, with the exception of some countries, such as Poland. The relevant moment to determine if there is a cross-border dispute is the time when the application is submitted. The time limit expired on November 30 The award of these costs by the State where the party is domiciled or where the court is sitting is determined either at first instance, or on appeal, regardless of whether the request is made by the plaintiff or defendant.
The economic situation of a person shall be assessed by the competent authority of the Member State in which the court is sitting, in the light of various objective factors such as income, capital, or family situ92 COM 13 final. Member States may define thresholds above which legal aid applicants are deemed partly or totally able to bear the costs of proceedings set out in art. These thresholds shall be defined on the basis of the criteria defined in paragraph 2 of this article.
Thresholds defined according to paragraph 3 of this article may not prevent legal aid applicants who are above the thresholds from being granted legal aid if they prove that they are unable to pay the costs of the proceedings referred to in art. The former must forward the application within 15 days of its receipt. Reasons must be given for the rejection of the application, which is subject to appeal.
The competent transmitting authorities may decide to refuse transmitting an application if it is manifestly: The standard form for the transmission th of legal aid applications should have been established by May 30 at the latest. The standard form for legal aid applications should have been established by November 30 th at the latest. It is worth emphasizing that adoption of the provisions regarding costs of pre-litigation advice under art. Among the priorities of the Directive is that of 93 st O.
The time limit was fixed for expiry on January 1 First and foremost, the Directive distinguishes two types of guarantees: The guarantee takes effect when the goods acquired do not conform to the contract of sale art. All movable consumer goods are subject to the guarantee, with the following exclusions: Member States may also exclude the application of these rules to sales by public auction.
A lack of conformity occurs when the goods supplied: The seller is liable to the consumer for any lack of conformity which exists at the time the goods were delivered art. Another important feature with respect to the national models of sell- 84 The Harmonization of Civil and Commercial Law Austria, the first to transpose the Directive by a federal act of August th 94 5 , has modified its own Civil Code in the part concerning guarantees, as well as the law on consumer protection and on insurance contracts.
But the most interesting case is in Germany. The various forms of non-performance were: The hierarchy of remedies provided by Dir. The federal act approving the modification of the BGB th was passed by the Bundestag on October 11 and the Bundesrat th on November 9 Thus consumer contracts were inserted into the BGB following the reform, and the Schuldrechtsreform became law, coming into force on st January 1 The BGB has incorporated new features following the transposition of various Directives: The CEECs have not as yet transposed this Directive into their own national legal systems, with some exceptions.
Poland, for example, implemented the Directive with the Act of July 27 th on consumer sales and guarantees. The time limit was fixed for expiry on July 19 The Directive has been transposed in all member States, except for Ireland and the Netherlands. The following provisions are of particular importance: Examples of National Transposition The transposition of the Directive has necessitated a reform program of the Civil Codes of the Member States regarding the provisions of both substantive and procedural law on the admissibility of evidence.
It is certified by a verification service provider company. The choice of the type of signature shall be determined by the parties according to the case, the requirements, and the level of security which they wish to achieve for the smooth running of their contractual relations. The transposition of the Directive under consideration operates so that the electronic document has the same probative value as mechanical reproductions do under art.
This means, in practical terms, that any electronic document electronically signed is admissible as evidence in court. Further, according to the Italian legislation adopting this Directive, the electronic document satisfies legal requirements as to the written form. Moreover, the requirement provided by articles ff. The electronic document, signed with a digital signature or other advanced electronic signature, based on a qualified certificate and generated by means of an arrangement for creating a secure signature, provides full proof even against a challenge to authenticity, of the provenance of the declaration of the signatory.
The document so signed cannot be repudiated by the signatory according to art.
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Therefore, to counteract its probative value it will always be necessary to challenge the validity of the document within the meaning of art. Furthermore, Italian legislative decree no. In the long Preamble, which contains a full 65 points, the Community legislature dwells upon its motivations and the reasons for the choices, and this seems to indicate the difficulty of achieving general agreement among the Member States about the regulation of this sector.
Electronic commerce is an economic phenomenon which is evolving rapidly and, perhaps for this very reason, the Directive only aims at minimum harmonization. The Directive, consisting of 24 articles and two Annexes, requires Member States to provide, by means of suitable legislation, that contracts made through electronic means are recognized as valid and effective. The Community legislature intends to avoid the situation where the internal market is seen as unattractive by undertakings, so that they decide to set up in businesses elsewhere.
Consumer protection is not the aim of Community policy, but the means of establishing the trust of consumers in business. The time-limit for implementation was July 17 France, Portugal, and the Netherlands have not yet transposed the Directive. On the other hand, see for example Germany: To this end, the Community legal system must not impose features which penalize business with respect to those in other non-EU States.
This principle prevails not only in relation to the main commercial competitors of the EC Japan and the USA , but also to other places, geographically closer to EU territory, which could represent more advantageous alternatives to entrepreneurs. This very significant alteration is collocated in the objectives in respect of which the States achieved consent.
Indeed, there was no sense in limiting the effect of Dir. Weir, Oxford, ; W T. I, Torino, , ; P E. Recenti sviluppi, in T ed. I, Torino, , ; A G. Paris, ; F D. Product Liability in the Member States before the Directive No country in the European Union had had specific legislation on prod1 liability before the Directive. Despite this, the courts of each Member State, applying some provisions of the national Civil Codes, have developed precedents to the point of constructing differing national legal models, which apply in the case of design, production, and distribution of goods capable of causing damage to the individual consumer.
The history of the law of product liability is largely a history of the erosion of the doctrine of privity that dominated the 19th Century. The seminal case, which abolished the privity requirement in negligence cases, was MacPherson v. Buick Motor 2 Co. We are devoting to it a separate chapter from that of consumer contracts because the rules which sustain product liability answer to different needs and criteria.
Yuba Power Products Inc. There are federal laws and regulations and sometimes State ones, for example, in Colorado, District of Columbia, and Illinois that protect the consumer from defective and harmful products: Finally, the fundamental part played in this sector by the Restatement should be emphasized. It is not a statute or a true codification, but it attempts to bring uniformity to the law.
The Restatement on product liability has been widely accepted and followed by the courts in most States. Strict liability in tort for product defects was usually based upon section A of the Restatement of Torts Second , published in In , the Restatement of Torts Third has been published. The strict liability rule has been maintained, but with important amendments and limitations on the subject of design defects and development risks, with respect to some previous solutions accepted by the American courts.
In particular, Section 2 gives separate treatment to three classes of product defects: The Aims of the Directive on Product Liability All European countries, therefore, had constructed their own legal model of product liability. From this point of view, Council Directive of July th 6 25 no. The real importance of the Directive lay rather in its objective, that is, the unification of criteria for liability for damage caused by defective products, and to encourage the establishment of a European system of protection in this area which was valid throughout all the Member States.
The difficulty in finding a broad consensus on strict liability imposed on manufacturers, even if it was limited to cases of personal injuries, became clear from the following fact: The uniformization of rules on product liability answers the same need that we have seen as a feature of all the directives, that is, the assurance of freedom of competition among all the undertakings in the single market.
On the other hand, the many assertions made in Dir. But subsequently the Community legislature thought again, possibly assisted by the business associations of various industrial sectors, or by some academic theorists who were critical of the recourse to a regime of purely strict liability. Some Features of the Community Regime The ambit of applicability. Article 1 of Dir. Article 2 defines product as all movables, including electricity, even if it forms part of other movable or immovable property, with the exception of game and primary agricultural products products of the soil, of stock farming and of fisheries which have not undergone initial processing.
Subsequently, these were excluded in the definitive version, but the option was left to the Member States to include them in the national implementing legislation. This option was exercised by Greece, Luxembourg, Sweden, and Finland. Here, in fact, frequent precedents were by now familiar, which had extended the application of the rules of tortious liability to cases of damage 8 Some data may give the idea of the magnitude of the problem: The infection has spread abroad, across Europe.
See BSE statistics at http: The Directive has been implemented in almost all the Member States: Now, however, since immovable property was no more than the result of an assembly of several movable goods, the Directive in question would very likely be applicable in many cases, which proves to be less advantageous for the plaintiff, in that loss of value of the defective goods is not admissible as a head of damage for the plaintiff, given the limitation imposed by art. The concepts of producer and defective product require more detailed examination. The coercive and punitive nature of this provision is evident; it seeks to avoid defective products being put into circulation and to penalize those who manufacture or distribute them, or who in some way make a profit out of them.
As far as what constitutes a defective product is concerned, art. Implementation of the Directive in Member States The product liability Directive is probably the clearest example of the difficulties and limitations of the Community harmonization program. Only rarely has the implementation of a directive brought together, as in this case, so many instances of conflict between the various legal models. The Community legislature considered that, in order to resolve these conflicts, it was sufficient to introduce the option of waiver for the Member States: The reality is that such strategies may work to obtain the consent of the Member States, but they do not function as far as harmonizing the national laws is concerned.
In effect, when we consider the reaction of Member States when obliged to implement the Directive, we can see that each has interpreted it and therefore implemented it according to its own legal tradition. Preexisting differences have, for the most part, remained unaltered. It is not by chance that all this has happened precisely in relation to a directive which is so important from the point of view of legal technicality.
The harmonization process has encountered remarkable limitation since, despite the fact that the Community legislature wanted to approximate the national legal rules in a highly technical area, the national interpreters of the law were not ready for this. Hence a whole debate was opened up, which may be summarized as a lack of jurisprudential way of thinking, or a common European school 11 of thought.
All the Member States have transposed Dir. France 13 was the last country to introduce implementing legislation under act no. This delay also involved a ruling by the Court of Justice against France under art. May 24 , no. The Cost of Harmonizing National Legal Systems Product liability legislation, in establishing standard rules concerning the conditions, limitations, and methods of compensation, has undoubtedly brought advantages for consumers. Not, however, for all European consumers. The concern in the Directive was to fix standard criteria regarding the risks inherent in manufacturing within the single market.
The fact is that such criteria, precisely because it was thought desirable to overcome the existing diversity between the various Member States, have given rise to a new product liability model, which we can call a Community model. This new model is by its very nature a compromise, in the sense that there had to be a negotiation process between the various solutions, smoothing away excessive differences and permitting the various States to retain the features they were unwilling to give up. This middle-course solution has shown itself to be less than perfect: In this connection, it is worthwhile drawing attention to some Court of Justice rulings from , which undoubtedly represent an inconvenient precedent for the individual consumers in the countries concerned France, Spain, and Greece and which have been welcomed with something less than enthusiasm by European academics.
The rulings concerned the following: The Spanish judge wished to understand if the implementing act had reduced the protection previously afforded by the national legislation to the plaintiff injured by a defective product, so reducing constitutional safeguards arts. Indeed, under the Spanish act by arts. The answer from the ECJ is in the negative: Regarding the Spanish case, the Court starts with the assumption that effective harmonization requires that, so far as product liability is concerned, law predating the Directive which contain provisions in conflict with it—such as in the case of the Spanish act no.
The development of the Community model for product liability has pursued the goal of eliminating barriers to the free movement of goods and encouraging freedom of competition between the undertakings in the Community. It is this which has brought the Community legislature to insert various limitations on product liability into the Directive, which has in certain cases caused a lowering of the protection threshold with respect to the legal solutions developed in some countries, over the years, through case-law and by academics. Precisely to avoid the Directive becoming the standard model only in those systems with a less comprehensive scheme for consumer protection than the Community one, that is, to avoid the Directive becoming the lowest common denominator for harmonization which must be adopted by all the States, while maintaining more severe and protective regimes, the Court of Justice has expressed itself on the point.
In the words of the ECJ directed at national interpreters of the law: In all the other hypotheses, the Directive seeks to achieve, in the matters regulated by it, complete harmonization of the laws, regulations, and administrative provisions of the Member States. Countries such as France, which possess a national model of product liability founded on the same legal basis as the Directive an obligation of safety in regard to the product which falls on the producer , cannot maintain, according to the ECJ rulings cited above, a system of liability which is in competition with the one which transposed the Directive.
In any case, the rules developed by earlier case law before the adoption and notification of the Directive remain available to the consumer, namely those imputing liability to the manufacturer under arts. Code civil the neminem laedere principle. Where the unwillingness of national systems really becomes evident, namely to adopt large-scale harmonization and the introduction of rules 25 This explains why France was the last country of the Fifteen to implement the Community Directive.
Bartolomeo al Mare a case concerning a swing used by a twelve-year-old , in Foro it. Poliedro a case concerning a bunk-bed , in Danno e resp. Perhaps this gives us confirmation of what has been set out above, that the Community model is not always and in every case the most advantageous for the plaintiff. The models and solutions available under some national laws probably offer, after all, a greater range of opportunities to the plaintiff. In Estonia, on the other hand, the subject has been inserted into the 39 new Law of Obligations Act, which has re-codified Estonian civil law and has replaced the Code previously in force.
Key legislation applying in the area of product safety is as follows: Specifically Section 6a of the Act concerns dangerous imitations and general product safety. The definition of safe product stresses product characteristic of not presenting any health, life, or property risk for consumers. This legislative act is meant to round off the existing laws related to product liability, especially government ordinance No.
The liability for violation of consumer rights including damage to life, health and property of good or services was the th subject of a previous statute, the Consumer Protection Act passed on December 15 th RT I , 2, 13 , as amended by the Act passed on December 15 RT I , , It is a network of market surveillance authorities of Central and Eastern European and other candidate countries. The aim of the TRAPEX system is to share information with the member countries on food and non-food products, which may endanger health and safety of consumers, and to encourage international cooperation among the members.
The Directives on General Product Safety Still in the area of product liability, two important directives should be mentioned: From the point of view of substantive content, Dir. Indeed, the rather complex definition of a safe product, offered in the Directive, is inevitably linked with that of a defective product in the Directive, and most probably will not fail to influence the legal interpreter in the evaluation, taken as a whole, of a 45 See at http: The Directive has been implemented in all the Member States: There is a remarkable affinity between the two directives.
It will be sufficient to compare art. It has provided the means for Member States to impose penal or administrative sanctions, according to the case, on a producer who violates the safety obligations and duties established by it. This therefore concerns an operative program, which is completely different with respect to the one in the product liability Directive. Indeed, the Community rules provide for the establishment of appro- The Harmonization of Civil and Commercial Law unsafe product; such extreme measures, adopted by the European Commission together with each Member State, must be fully reasoned and will be subject to appeal by the interested parties before competent courts.
In exceptional circumstances, States can allow a partial ban or even no ban to be decided upon, particularly when a system of prior consent is established. In addition, the banning of exports should be examined with a view to preventing risks to the health and safety of consumers. Since such a decision is not directly applicable to economic operators, Member States should take all necessary measures for its implementation.
Measures adopted under such a procedure are interim measures, save for when they apply to individually identified products or batches of products. Draft Directive on the Liability of Service Providers and Directive on Liability for Environmental Damage Following approval of the product liability Directive, the Commission set itself the task of proceeding with more extensive harmonization of national legislation in the broader area of civil liability. On November 9 th , the Commission presented a Proposal for a Council Directive on the liability of providers of services. The burden of proving lack of negligence falls on the provider of the service.
The idea of intervention by means of uniform legislation in the service area as well, originated from the same considerations as those which had determined the adoption of the Directive on product liability. The various solutions adopted in Member States were such as to create obstacles to trade and unequal conditions in the internal services market; further, the same level of protection for injured parties and consumers would not be ensured, against damage and loss to themselves or to their movable and immovable property.
In the context of this debate, on June 24 th , the Commission submitted a Communication to the Council, in which it described some new 51 directions in the area of the liability of suppliers of services. The most interesting point concerned the possibility of choosing one out of the following models: But beyond this new proposal, the Commission decided to withdraw the draft, in view of the deep divisions which separated the various persuasions, with the announcement that it would be more suitable to reposition the liability of service providers in a broader context than that originally conceived.
In effect, over recent years and especially after Maastricht, consumer protection policy has been developed to such an extent, in defense of consumers and individuals, that to take action only in the narrow field of liability for defective services would risk having a limiting and reducing effect.
It would be better, as the Commission asserts, to review the whole problem in a broader context, which must regard not only the safety of the service offered, but also the role of the consumer in the relationship with the supplier of services or the professional, including the problem of the information which must be given to the consumer who must specify more precisely the obligations to be assumed by the service provider , and so to identify with greater precision the rights of the contracting party or user. At the present time, due to all the difficulties encountered, the Commission has not established a working group with a view to a new draft on civil liability of providers of services based on a broader consensus.
On December 1 st , to give a new impulse to the Proposal for a directive on the liability of service providers, the Council approved Resolu50 The Report drawn up by the economic and social Committee, which is extremely critical of the draft directive, is dated July 3 rd and is published in O. COM final. Press, ; S M. I , Vol. Law supplement , ; T.
Histoire d un faux concept, RTD civ. Investment, Saving, and Consumer Protection: Insurance Services The insurance industry is among the most dynamic and is about to undergo further important changes. The crisis in the welfare sector and social security, the difficulties in the private and state pension systems, the increasing establishment of a pension culture, and new types of civil liability have brought the demand for insurance to dizzy heights over the last decade.
The movement of capital in the form of the collection of insurance and savings-policy premiums is huge, and the role of insurance companies is often a determining factor in the economy of Member States. While the European insurance culture cannot as yet compare in scale with the U. The expansion in the insurance sector, which has brought about the participation of an increasingly large number of individuals, could not have failed to arouse the interest of the Community legislature, concerned on the one hand, to make the principle of free movement of services work effectively within the Union in the insurance sector too, and on the other, to protect the rights and interests of those who find themselves signing contracts with insurance companies.
Indeed, in this field too, as is the case in the banking and financial sectors, the intervention by the Community legislature has developed on two different levels, according to the ultimate objective: These Directives, having introduced major deregulation over the whole sector through the abolition of the State monopoly over the pension system, establish a range of measures concerning the conditions for carrying on an insurance business, in order to protect insured persons in the Community from events which can strike insurance companies.
The most comprehensive intervention by the Community in the insurance sector aimed almost exclusively at the first objective, that is the creation of a Community area without frontiers, a single market where insurance companies could transact their usual business, under conditions both of freedom of establishment and of providing services. The principle of freedom to provide services arts.
Thereafter, the task of harmonizing the operative rules in existence in the Member States is left to competition and the market. The First and Second Generation Directives The legal basis of the Community intervention consists of the provisions laid down in Title III of the EC Treaty, which contain the commitment on the part of the signatory States gradually to eliminate restrictions on both the provision of services and the free movement of undertakings.
By as early as , the Commission, taking these Articles of the Treaty of Rome as a starting point, had begun developing a general program to eliminate restrictions on the freedom of establishment in the insurance sector. Among other things, the program established that the abolition of restrictions on the setting-up of subsidiaries, branch offices, and agencies was subject to an essential pre-condition, namely the harmonization of conditions of access and the exercise of insurance activity.
Hence the intention was that the two Directives govern exclusively the freedom of establishment of insurance undertakings within the Community. On the other hand, the standard rules on freedom to provide services were introduced by the later Community directives. In this way the Community institutions approved a new group of directives, known as the Third generation Directives, by means of which the work on the construction of a single insurance market in the Community has taken another step forward.
By implementing them, 21 the Member States also recognized and applied the principles of the single passport and mutual recognition. Once in possession of the original authorization, granted by the country of origin where the head office is located, it is valid throughout the Community and is sufficient to permit the company to undertake business without further authorization or controls on the part of other authorities. As a result, an insurance company pursuing its own business in more than one State will be subject only to the control of the country of origin, in accordance with the principle of home country control.
The principle of mutual recognition mirrors and results from that of the single passport, according to which no Member State may question the authorization granted to the insurance company by the country where the head office is located; the original authorization, granted according to the criteria and on the basis of legally required preconditions, is sufficient in itself to allow the pursuit of insurance business in any State whatever, without satisfying any further administrative requirements. Indeed, it is clear that such principles become effective and applicable only when the national legal systems are no longer characterized by significant differences, or when such differences are considered irrelevant.
Therefore, the two principles are, at the same time, both the essential precondition for there to be a single market equipped with sufficiently uniform rules, and the result of the harmonization of the rules already in existence. The principles of single passport and mutual recognition are indicators of the state of harmonization in this area of law.
The single passport principle is an indispensable factor in the free play of competition between legal models; single passport also means that insurance companies may operate in each country under the various regulatory authorities, each of which are bound by certain regulations deriving from the application of national sources of law. As a consequence, competition between different regulatory systems may be placed alongside competition between the companies, since noone can prevent an insurance company which wants to undertake transnational business from establishing itself in a State with more flexible regulations, and operating through subsidiaries in another country.
In this way, thanks to the application of these principles and the adoption of the directives set out above, insurance business is now transacted over a vast commercial area, practically without internal barriers, regulated by both the national control systems and the granting of authorization, which are in the process of uniformization. These provisions were located in a number of diverse sources, so that whoever needed to consult them had to refer back to the original act usually a directive , as well as the amending provisions other directives. The Life Assurance Sector In the European context of individual citizens, the Commission has placed great importance on the simplification and clear formulation of Community law, so that it is more understandable and accessible to the ordinary person, offering such people the chance to try out the rights which the law confers; it was therefore considered indispensable to organize all the provisions which had undergone frequent modification, with the aim of making Community law clearer and more transparent.
This, at least as intended by the Community legislature, represents a coherent set of rules, which is homogenous and systematic; despite this, it may have to undergo adjustment over the course of time to allow for certain technical standards to be adapted to changed market circumstances, as is set out in the Preamble at recital no. Member States should bring into force the laws, regulations and administrative provisions necessary to comply with this Directive not later th than October 9 Art.
In summary, the Directive provides that, in the context of the internal market, no Member State may now prevent the simultaneous pursuit of insurance business in its own territory, both in relation to the right of establishment and the freedom to provide services.
Whereas for the protection of the internal market, the principle of the single passport: The approach adopted consists in bringing about such th 7 harmonisation as is essential, necessary and sufficient to achieve the mutual recognition of authorisations and prudential control systems, thereby making it possible to grant a single authorisation valid throughout the Community and apply the principle of supervision by the home Member State. Such authorisation enables an undertaking to carry on business throughout the Community, under the right of establishment or the freedom to provide services.
The Member State of the branch or of the provision of services may not require assurance undertakings which wish to carry on assurance business there and which have already been authorised in their home Member State to seek fresh authorisation. Among other things, Appendix VI of Dir. In particular, Article 72 establishes which directives have been repealed, and their correlation with the present Directive, referring to the list contained in Annex V, Part A.
The repealed directives are as follows: The Latest Developments The legal framework set up at Community level is anything but certain and definitive. Moreover, the European Union is recasting the special rules relating to freedom to provide cross-frontier services in the life assurance field with a view to simplifying existing legislation.
To that end, it proposes that re-insurers carry out their activities under the supervision of competent authorities in their home country, subject to which they will be allowed to operate throughout the European Union. Supervision will be exercised in line with provisions which all the Member States will be required to apply. The Commission proposes a regulatory framework based on the existing regime introduced by the Third Insurance Directives, with a view to extending to reinsurance companies the system for the authorization and financial supervision of an insurance undertaking by the Member State in which it has its head office home-country control.
The proposal also sets out prudential rules on the establishment of technical provisions i. It also lays down rules on required solvency margins and minimum capital requirements as well as rules on measures to be taken by regulators if reinsurance undertakings are in financial difficulties. In addition, Community insurance law has been made more complex and less transparent because continual interventions are laid one upon the other, straddling the insurance and financial services markets.
In this connection, for example, consider the Proposal for a Directive of the European Parliament and of the Council, amending some old non-life insurance directives Dir. The package of measures should allow cooperation among supervisory authorities, thereby strengthening European financial stability.
In the opinion of the Community institutions, it is vital to introduce a new approach to committee procedures at the same time as the two essential legislative acts are being drawn up, i. Indirect Protection of the Interests of Clients The harmonization of national laws of contracts has however been of less consequence than one might have expected, as a result of the third and latest generation of directives. The fact is that the Community legislature has had to adopt a different and partly original harmonization technique, given the special difficulties and deep perplexity of European professionals a technique also used, as we shall be seeing later, in the banking sector.
Indeed it concerned the establishment of a set of minimum, essential standard rules regarding certain aspects of the contract. It was subsequently left to the market, namely to the effect of supply and demand, and competition, to bring about the harmonization of all the other issues which were not the object of direct regulation. The technique seemed to recommend itself, taking into consideration the fact that insurance companies operate in a competitive, free market. The reality, however, is more complex: As things stand at present, therefore, the effect of Community secondary legislation in the field of contract law in each Member State is confined to the harmonization of three, albeit essential, legal issues: The right to information and the right to withdraw are the two constantly The Harmonization of Civil and Commercial Law recurring instruments in all Community directives through which the desired standard model of consumer protection is achieved.
The insurance directives, transposed by national legislatures by means of acts or implementing decrees, have only served to confirm the utility of these instruments. In the life assurance sector, the right to information has two aspects already highlighted by Dir. The policyholder shall be kept informed throughout the 2 term of the contract of any change concerning the information listed in Annex III B. The Member State of the commitment 3 may require assurance undertakings to furnish information in addition to that listed in Annex III only if it is necessary for a proper understanding by the policyholder of the essential elements of the commitment.
However, such information may be in another language if the policy holder so requests and the law of the Member State so permits or the policy holder is free to choose the law applicable. New Types of Insurance Contracts Ruled by the Directives Both in the directives we have been considering above, which formed the basis of a single insurance market, and in other related directives issued to meet the needs of specific areas of insurance, there are many provisions aimed at harmonizing the conditions for the pursuit of insurance business, including the obligatory content of some of the commonest types of contract, of which those concerning civil liability for motor 31 vehicle use are prominent.
The uniformization of the insurance market, the creation of a huge market involving the consequent offering and circulation of various insurance products, becoming more and more sophisticated and adapted to the needs of a rapidly changing society, have launched some types of contract scarcely-used in certain legal systems such as in Italy, for example or at least relatively novel for the European Community.
We refer, in particular, to contracts of credit and suretyship insurance, legal expenses insurance and legal assistance, which have now become a full part of insurance practice and whose discipline has recently been completed by Community harmonization legislation Dir.
Juristische und ökonomische Analyse
Credit and suretyship insurance means contracts made between an insurance company and an individual who is usually in business through which the insurance company provides credit guarantees for the insured in their relations with third parties, as a result of a contract made with the latter.
In practice, an enterprise makes a credit arrangement, perhaps including extended credit, with its own client and insures its own credit exposure globally by means of an insurance policy. The credit insurance contract has been known to national legal systems for some time, but has often been accorded secondary status, not much regarded and little used, possibly because of its perceived high risk.
It concerns a set of factors or elements which do not allow even the approximate degree of risk of the insured event happening to be established with any certainty. Nowadays, considering these difficulties and a level of risk which is effectively much higher than is evident in other branches of insurance, some Member States have subjected the possibility of a cumulative assumption of credit and suretyship sectors and other kinds of insurance to severe limitations if not actually prohibiting it, as has happened in Germany , with the object of preventing events connected with such a delicate and specific sector having a negative impact on other sectors of the insurance industry.
This is the origin of the need to compartmentalize the various forms of insurance activity by recourse to the so-called specialization of certain insurance sectors. However, such specialization was not adopted as a solution in all the countries of the Community and such diversity has given rise to a different degree of protection for the mass of policy-holders, according to the country in question. This is why the Community legislature intervened, with Dir.
The assistance may be in the form of money or in kind. Assistance in kind may be provided using employees or equipment of third parties. Among other things, it abolished the requirement of green card control among Member States. The Second Directive no. In regard to this latter proposition, the Court of Justice in the case of Bernaldez 36 expressed its approval in the following terms: The Italian regime on compulsory vehicle insurance th was established before the Directive came into force, by act no. It was implemented in all the Member States. Any other interpretation would deprive that provision of its effectiveness, since it would have the effect of allowing Member States to limit payment of compensation to third-party victims of a road-traffic accident to certain types of damage, thus bringing about disparities in the treatment of victims depending on where the accident occurred, which is precisely what the directives are intended to avoid.
The compulsory insurance contract may, on the other hand, provide that in such cases the insurer is to have a right of recovery against the insured. Member States had to adopt and publish the laws, regulations, and administrative th provisions necessary to comply with the Directive before July 20 Banking Services The process of European integration has also involved the integration of the banking and financial services industries, which compete with the insurance industry to create the financial markets.
The very nature of such services, which are heavily regulated, requires the operation of harmonization between national systems of control as well as coordination between Community institutions and national supervisory authorities. In effect, in recent years the Community institutions have been used to permit, on the one hand a general harmonization of all the national legal rules without, on the other hand, losing sight of measures aimed at protecting certain groups of individuals as users of specific banking or financial services.
It is true to say that many Community countries had already started to put various instruments for protection in place before the Community legislature, but it was precisely the diversity of the solutions which were adopted and the differing efficiency of the resulting protection for the weaker contracting party, outside any coordination among the various national legislatures, which required Community intervention aimed at harmonizing and, in some cases, standardizing this area.
Let us first look at the banking sector. The banking system is one of the most important structural conditions affecting company and capital market law. In this area, the developments have been very different in various Member States. By contrast, in Germany, The Netherlands, and Austria the principle is that of universal banking, with no legally prescribed separation between the commercial credit banks and investments banks. The banks offer a comprehensive range of financial services.
According to the traditional interpretation, the German universal bank model encourages a very close fiduciary relationship between bank and client: The banks, with their voting rights on the supervisory council, influence the relations between shareholders and directors, reducing agency costs and at the same time safeguarding the company from possible hostile takeover bids and from the short-term views of its managers.
However, this conventional view of the German system has been reformulated recently, with the observation that the German system, under competitive pressure from the Community model, is moving away from the universal bank format, as traditionally meant.
Legal certainty, simplicity, and transparency, however, are not easy to guarantee: In its turn, Dir. The following Directives have consequently been formally repealed art. Despite the embodiment in a single Directive, we think it advisable to continue to discuss the contents of those harmonization Directives, with a view to: The Second Banking Directive and its Principles st The internal market in the banking sector originated on January 1 , 43 the final date for implementing Directive no.
However, the first Community provision on the subject arose in , 44 when Directive no. Indeed, even after this Directive, a credit institution wanting to open a branch in a Member State had to obtain authorization from the rele43 O. Besides, the branch was subject to all the provisions governing the control of the activity by the host State, as if a national bank were involved. It should not be forgotten, either, that the host country could require an endowment fund from the branch, on a par with newly established credit institutions.
This Directive has had a notable impact on the banking systems of the countries of the Community, removing a large number of the obstacles which were still impeding freedom of establishment in the credit sector. As in the insurance sector, the basic choice made by the Community authorities in this field, too, consisted of minimum harmonization. Instead of coordinating national legislation in a detailed way, or laying down standard and precise rules for each of the activities normally carried out by banking and credit institutions, the Community legislature has preferred the option of establishing only certain basic rules, aimed at harmonizing the laws regarding access to, and exercise of the activity, thereafter leaving to the market and free competition the task of confirming the most efficient solutions available from among the various national models.
The three fundamental principles on which the Second Banking Directive is based are: In other words, each branch operating abroad is subject to the sole control of the country of the head office, regarding the conditions of access to, and exercise of the activity the home country control rule. The Creation of a Single Banking Market The deregulation of the credit market, demonstrated in particular by the adoption of the principles set out above of the single passport and mutual recognition, represented the indispensable precondition for the creation of a single banking market.
However, it required at the same time the adoption of measures necessary to avoid possible negative consequences resulting from the uncontrolled opening-up of barriers. For this reason, the Community institutions adopted the following harmonization provisions, pursuing the double objective of: It has been implemented in all the Member States. These provisions on own funds aimed at the harmonizing of national laws providing for certain safeguards concerning the continuity of the activity of credit institutions besides that of savings.
Own funds substantially serve to absorb losses which cannot be compensated for by sufficient profits, but they also function, so far as the competent authorities are concerned, as an effective control of the solvency of such credit institutions. Own funds of credit institutions shall consist, for example, of capital invested, reserves, funds for general banking-risks, commitments of the members of credit institutions set up as cooperative societies, and joint and several commitments of the borrowers of certain institutions organized as funds, fixed-term cumulative preferential shares, and subordinated loan capital.
Implemented by all the Member States. Finally, it should be kept in mind that harmonization in this area of Community law has been conducted at international level as well, by standardization bodies: See below this chapter. Indirect Protection of the Interests of Investors and Savers We are dealing here, as can be seen from the illustration above, with harmonization measures whose primary aim is to oblige the Member States to adopt uniform provisions on access to the credit market and control over lending activity, and to avoid the creation or permanency of regions characterized by more tolerant and flexible laws, clearly with a view to the completion of the internal market.
While it is true that effective control by the authorities over the access to and exercise of credit activity represents guarantees and protection for savings, it is also true that for some time all Member States already possessed rules, and in some cases strict rules, in this field. Despite this, the interests of investors and savers are indirectly protected by these directives: The case is different, conversely, regarding the set of Community provisions developed with a view to harmonizing the laws of the Member States governing the contractual relationship to be established between the bank and the client.
This concerns directives aimed at eliminating differences in the area of contract formation and contents, or to establishing standard rules for keeping savers informed. The most important of the Directives in this area is Dir. Given its importance, it will be examined in detail below. Another important piece of Community legislation in this regard is Dir. They establish special rules which are different from general principles according to the nature of the parties undertaking or professional on the one hand, consumer on the other. This legislation, both Community and national, is considered from the point of view of specific aspects which it presents in the context of banking contracts.
For contracts with a provider of financial services, such clauses are not, conversely, considered unfair. Consumer Credit Contracts In commercial practice, consumer credit contracts allow the individual to make use of the finance system in order to allow for the immediate use of certain goods, spreading the payments by installments, at preestablished rates and intervals.
Such contracts serve a double purpose. The financing arrangement will cost more or less, according to the transaction taking place, the sum paid in advance, the number and period of installments, and the costs involved. The possibility of paying for consumer goods by installments, or having a third party, who is not the person acquiring the goods such as a credit institution , pay for them, represents a change in the habits of modern society and, in particular, marks the passing from the cash to the credit society.
Consumer credit has developed freely for many years in the European States, without particular limitations, excepting those of a general character prohibited by the usury laws and on money-lending. The post-war measures introduced to regulate the phenomenon are generally typified by the requirement on the consumer to make a down-pay- The Harmonization of Civil and Commercial Law ment on signing the contract, but do not generally involve a policy favorable to the consumer.