The law of obligations in Central and Southeast Europe : recodification and recent developments

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The law of obligations in Central and Southeast Europe : recodification and recent developments

edited by Zvonimir Slakoper and Ivan Tot

Routledge, 2022

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Includes bibliographical references and index

Summary: "The Law of Obligations in Central and Southeast Europe examines the new codifications, reforms, and other recent developments in Central and Southeast Europe which have significantly modernized the law of obligations in the last two decades, focusing particularly on the legal systems of Poland, Czech Republic, Slovak Republic, Hungary, Slovenia, Croatia, Serbia, and Turkey. With chapters authored by prominent academics and promising young legal scholars, this book discusses the results of the modernizations and describes the legislative reforms of the law of obligations that are underway or are discussed and advocated for in the countries of Central and Southeast Europe. Divergences of the new civil codes and other legislative acts from earlier legal solutions are identified and the rationale behind these departures is analysed, as well as the introduction of the new legal institutes in the law of obligations in these parts of the world. The Introduction provides a concise country-by-country overvie

収録内容

  • Recodification and recent developments in the law of obligations in Central and Southeast Europe / Zvonimir Slakoper and Ivan Tot
  • The conception and institutional novelties of recodification of private law in the Slovak Republic / Marek Števček and Marek Ivančo
  • Recodifying Tort Law in Central Europe in the beginning of twenty-first century (Poland, CzechRepublic, and Hungary) / Ewa Bagińska and Paulina Wyszyńska-Ślufińska
  • Limitations of freedom of contract in the new codifications of the law of obligations in Central and Southeast Europe : an inspiration for the new Polish Civil Code? / Dorota Miler
  • Liability for breach of contract in Hungarian Law / Attila Menyhárd
  • Ascertainment of a claim as a requirement for set-off : different approaches in comparative and the Czech Law / Jiří Handlar
  • Restitution of use value of money in unjustified enrichment : some open questions in the law of Croatia, Serbia, and Slovenia / Damjan Možina
  • The use of negative interest rates with a special reference to banking cash deposit contracts in the law of Croatia / Ana Vargek Stilinović and Marko Stilinović
  • The formality of real estate transactions in the law of Slovenia and Croatia in the light of new technologies / David Borlinič Gačnik and Jure Jakšić
  • A contradiction arising from an annulment decision of the Turkish constitutional court : the unique problem of a unique provision of the new code of obligations / Orhan Emre Konuralp

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