Search results for "right"
showing 10 items of 1985 documents
Obligations and Remedies Under a Related Service Contract
2014
Following the model of Directive 2011/83/EU of the 25 October 2011 on consumer rights, the proposed CESL regulation is structured on the basis of sales and service contracts. With regard to service contracts, however, the CESL only regulates those service contracts whose existence is justified by their direct link to sales contracts.
Contract for the Supply of Digital Content
2014
The main aspects of a contract for the supply of digital content are analysed in this chapter. This can be seen as the most novel part of the proposed Regulation of the European Union, and is certainly a very important part of the final content of the proposal. This type of contract is a logical consequence of the development of information technology and communication, and the evolution of an information society and knowledge economy.
Consumer rights and legal guarantees in the European Union under Directive 1999/44/EC
2019
In the modern world and united legislation across Europe consumer protection is becoming more influential and stronger. To everything positive there, of course, are drawbacks or so-called ‘’grey areas’’ which this research unveils. Because of certain principles set out by the European Union each country has the opportunity to create their own standards regarding guarantees and this research reveals to what extent consumer protection can go. To understand the reasoning for certain standards three countries are compared – Germany, Sweden, and the United Kingdom. With the use of different research methods and analysis answers to raised questions are found and concluded. Analyzing existing legi…
Consumption patterns, development and growth: Adam Smith, David Ricardo and Thomas Robert Malthus
2003
In this paper we combine the classical analysis of luxury consumption with the classical theories of development and growth. We also focus on the role played, within classical economics, by institutional factors such as the structure of property rights and contractual arrangements in determining consumption patterns and investment in agriculture. In particular, we show that Ricardo's and Malthus' different views on the role of consumption expenditure in promoting growth depend on Ricardo's acceptance (Malthus' refusal) of Say's law of markets and on Ricardo's exclusion (Malthus' inclusion) of a non-commodity option such as leisure from (in) the range of available consumption alternatives.
GLI OBBLIGHI DI INFORMAZIONE TRA REGOLE DI PROTEZIONE DEL CONSUMATORE E DIRITTO CONTRATTUALE EUROPEO
2013
Less ambitious than the original proposals, the Consumer Rights Directive 2011/83 focuses on the area of information duties and the right of withdrawal in B2C contracts. This article analyses the new rules providing information obligations, and highlights some of the unresolved questions particularly concerning the level of consumer protection, and the remedies for the breach of those obligations. An extensive catalogue of information is now to be given in distance and off-premises contracts; and — according to the existing rules within the Directives on Timeshare Contracts and Package Travel — this catalogue is to be considered an integral part of the contract. According to the Author’s op…
La responsabilità dirigenziale al cospetto del giudice ordinario
2021
This paper makes a case for the “contractual-publicist” nature of the managers’ liability regime, although this matter lies within the scope of civil courts’ jurisdiction. Even though the law assigns civil courts the role in deciding disputes regarding potential infringement of public managers claims, these should be considered legitimate expectations (public law) and not rights (civil law). Except for the recovery of the executive jurisdiction of the administrative court, if the administration refuses to fulfil the civil judgment and the public manager spontaneously appeals for compliance, rather than (or together with) the civil one of forced execution.
The nationality of companies in French law
2012
The development of international economic relations and the construction of an integrated European area, both from an economic and a political point of view, has revived the debate on the nationality of trading companies. The question is not so much whether trading companies have a nationality on an equal footing with natural persons – solutions have long been accepted by international doctrine and jurisprudence – but rather to determine how this notion has evolved and adapted to the constraints on the one hand, of a globalized market economy and, on the other hand, of European Union law which overturns the traditionally accepted solutions of nationality of trading companies into the legal …
Small-scale mixing processes enhancing troposphere-to-stratosphere transport by pyro-cumulonimbus storms
2007
Abstract. Deep convection induced by large forest fires is an efficient mechanism for transport of aerosol particles and trace gases into the upper troposphere and lower stratosphere (UT/LS). For many pyro-cumulonimbus clouds (pyroCbs) as well as other cases of severe convection without fire forcing, radiometric observations of cloud tops in the thermal infrared (IR) reveal characteristic structures, featuring a region of relatively high brightness temperatures (warm center) surrounded by a U-shaped region of low brightness temperatures. We performed a numerical simulation of a specific case study of pyroCb using a non-hydrostatic cloud resolving model with a two-moment cloud microphysics p…
Human Rights in Romanian Courts: A European Perspective?
2016
The perception and application of the European Convention on Human Rights by various national jurisdictions depends fundamentally on the way in which the Convention has been introduced into national law, as well as, in some countries, by how constitutional jurisdictions shaped this relationship. The article examines the reception of the Convention by a few European states, with a special regard on the case of Romania. Romanian courts, including the Constitutional Court and the supreme court, had a hesitant approach of the principle established by 1991 Constitution of the priority of international law of human rights over domestic law. In the context of the diversity of sources of the Europe…
I respingimenti in mare di migranti alla luce della Convenzione europea dei diritti umani
2009
Forcible return of migrants and the European Convention on human rights - Italian authorities have recently undertaken a new policy to face migration flows from north african coasts. Since May, 6th 2009 Italian coastguard and financial police vessels have intercepted a large number of boats carrying migrants and returned them to Libya, in force of a readmission agreement between Italy and Libya. These operations, even if they take place on the high seas, have to comply with the European Convention for Human Rights, considering that the migrants fall under jurisdiction of Italian authorities within the meaning of art. 1 of the Convention. In particular, on the basis of the European Court of …