The influence of human rights and ba...
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  • The influence of human rights and basic rights in private law[electronic resource] /
  • 紀錄類型: 書目-語言資料,印刷品 : Monograph/item
    杜威分類號: 341.481
    書名/作者: The influence of human rights and basic rights in private law/ edited by Verica Trstenjak, Petra Weingerl.
    其他作者: Trstenjak, Verica.
    出版者: Cham : : Springer International Publishing :, 2016.
    面頁冊數: xiv, 593 p. : : ill., digital ;; 24 cm.
    Contained By: Springer eBooks
    標題: Human rights.
    標題: Civil law.
    標題: Law.
    標題: Private International Law, International & Foreign Law, Comparative Law.
    標題: Philosophy of Law.
    標題: European Law.
    標題: Public Law.
    標題: Commercial Law.
    ISBN: 9783319253374
    ISBN: 9783319253350
    摘要、提要註: This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world's jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.
    電子資源: http://dx.doi.org/10.1007/978-3-319-25337-4
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