DOCSLIB.ORG

Employment Law Online Guide 2012 Syciplaw.Pdf

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Employment Law Online Guide 2012 Syciplaw.Pdf EMPLOYMENT LAW ONLINE GUIDE 2012 in association with CorporateINTL Editor’s Talk Employment Law Online Guide 2012 in association with Corporate INTL This guide is presented in association with Corporate INTL, and is intended for use by investors and other commercial operators. It contains profiles of advisers within the area of Employment Law / Labour Law. Each profile provides firm summaries, as well as service availability information and the latest industry observations. The advisers’ profiles are organised alphabetically by region. In addition, at the back of the guide you will find an index, wherein firms are listed alphabetically by name, in order to assist with quick searches. Corporate INTL hopes that this guide will be a useful tool in finding the right adviser for you. 04 Introduction / 10 – 24 Adviser Profiles / 25 Index Reprints & Permissions All rights reserved. No part of this Corporate INTL Employment Law Online Guide 2012 may be reproduced or transmitted in any matter or by any means without the prior permission of the publishers. Disclaimer Every effort is made to ensure the accuracy of the contents of the Corporate INTL Employment Law Online Guide 2012. However, the publishers cannot accept responsibility for any errors and subsequent claims made by any third parties. The Guide contains predictions for the future of various companies and sectors; however, no forward statement should be construed as profit forecast. Contributors: Editor: Ryan Daff Designer: Kevin Thompson Employment Law Employment law, or labour law, is order to protect employees, and to the body of laws, administrative facilitate a fluid labour market. rulings, and precedents which address the legal rights of, and Unlike in the US, in many countries restrictions on, working people it is compulsory to provide written and their organisations. As such, particulars of employment with it mediates many aspects of the the essentialia negotii (Latin for relationship between trade unions, essential terms) to an employee. This employers and employees. aims to allow the employee to know what to expect and what is expected: There are two broad categories in terms of wages, holiday rights, of labour law. First, collective notice in the event of dismissal, job labour law relates to the tripartite description and so on. An employer relationship between employee, may not legally offer a contract employer and union. Second, in which the employer pays the individual labour law concerns worker less than a minimum wage. employees’ rights at work and An employee may not agree to a through the contract for work. contract which allows an employer The labour movement has been to dismiss them unfairly. There are instrumental in the enacting of laws certain categories that people may protecting labour rights in the 19th simply not agree to because they and 20th centuries. Labour rights are deemed categorically unfair. have been integral to the social and However, this depends entirely economic development since the on the legislation of a particular industrial revolution. country. Global variations A worldwide arena The basic feature of labour law in The expansion of international almost every country is that the trade, investment and business rights and obligations that bind operations to a worldwide arena the worker and the employer are has brought considerable changes mediated through the contract of in the employment laws in many employment between the two. This countries. Businesses planning to has been the case since the collapse expand their operations globally of feudalism, and is the core reality should understand the current of modern economic relations. legal environment and the laws Many terms and conditions of the that govern employment in a contract are, however, implied by particular country to be able to legislation or common law, in such create a successful workforce. It a way as to restrict the freedom of is essential to be familiar with the people to agree to certain things in specific laws relating to hiring and 04 INTL firing, unions, employee benefits workforce to obtain a comparative ‘injustice, hardship and privation’. and other important aspects. One advantage. Government initiative According to the ILO, international of the crucial concerns of workers is spurred, because rational long labour standards contribute to the and those who believe that labour term investment will be perceived possibility of lasting peace, help rights are important, is that on a as the better choice to increasing to mitigate potentially adverse global platform, common social regulation. This theory concludes effects of international market standards ought to support that an emphasis on deregulation competition, and help the progress economic development in common is more beneficial than not. That of international development. markets. At the same time, said, it is worth mentioning that the international enforcement of rights International Labour Organization Specifics of German employment has to be in place. does not share this opinion. law A primary concern is that with The International Labour Germany’s economy is the biggest the breaking down of trade barriers Organization (ILO) is a specialised on the European continent, and one in the global economy, while this agency of the United Nations that of the best performing in the world. can benefit consumers, it can also deals with labour issues. One of It recovered from the recession faster make the capacity of multinational the principal functions of the ILO than any other European country, companies to bargain down wage is setting international labour and in the first three months of 2011 costs even greater – in wealthier standards through the adoption of it grew by 1.5%, beating forecasts. Western countries and developing conventions and recommendations Aside from its stable economic nations alike. The ability of covering a broad spectrum of situation, its central location in corporations to shift their supply labour-related subjects and which, Europe and reliable business chains from one country to another together, are sometimes referred to partners make it an ideal place for with relative ease could be the as the International Labour Code. investment in all business areas. starting point for the limitation of The topics covered include a wide Nonetheless, those planning to open regulations on employment. range of issues, from freedom of up their businesses and employ a In that case, many countries are association to health and safety workforce in Germany need to be forced into a merciless downward at work, working conditions in aware of a broad range of provisions spiral – for instance slashing the maritime sector, night work, of the national labour law. tax rates and public services. discrimination, child labour and German employment law is Countries are forced to follow the forced labour. not consolidated into a single process because, otherwise, foreign Labour and employment policies labour code. It is based instead investment will dry up. within companies are shaped by the on the service contract provisions On the other hand, however, law and practice of the countries of the German Civil Code and a one should remember that free in which they operate. Many of plethora of individual statutes, competition for capital investment these laws are based largely on including German health and between different countries increases international labour standards that safety law, occupational health the dynamic efficiency of the market are designed to eliminate unjust and insurance, The Works Constitution place. Faced with the discipline inhumane labour practices. The ILO Act, Federal Data Protection Act, that markets create, countries advocates international standards Equal Opportunities Act, Hours of are then incentivised to invest in as essential for the eradication Work Act, Collective Bargaining education, training and skills in their of labour conditions involving Agreement Act and European Works INTL 05 Councils. Collective agreements in Germany have full legal status, with a redundancy payment after and collective labour law is one of the few areas where judicial two years. precedent has helped to develop a systematic body of rights. If a company gets taken over, the Germany – Co-determination and cooperation rights of works Transfer of Undertakings (Protection councils of Employment) Regulations 2006 The works council in Germany is a form of institu¬tionalised state that employees’ terms cannot representation of interests for employees within an organisation. be worsened, including to the Its relationship to the work¬force is governed by a duty to point of dismissal, without good conduct its business impartially, without regard to race, religion economic, technical or organisational and creed, nationality, origin, political or union activity, sex or reason. age. Consequently, manual workers and white-collar workers and Further, beyond individual – in principle – both sexes, as well as the individual departments rights, workers have the ability of the establishment, must have representation on the council to participate in decisions about proportional to their presence among the workforce. how their enterprise is managed, Works councils have been an integral part of Ger¬man business via a widening set of statutory and industry since the early 20th century and are the most rights as well as the traditional important pillar of workplace indus¬trial relations in Germany. models of collective bargaining. The
Load more

Recommended publications
  • Summary Contents
    Summary Contents Authors’ preface ............................................................................................................ V Contents ....................................................................................................................... XV Bibliography ................................................................................................................. XXXIX List of Abbreviations LXXIII Chapter 1 Introduction and Basic Principles ................................................................. 1 Chapter 2 The Arbitration Agreement and the Jurisdiction of the Arbitral Tribunal 73 Chapter 3 The Arbitral Tribunal ................................................................................... 173 Chapter 4 The Arbitral Procedure .................................................................................. 243 Chapter 5 Conditions of Admissibility .......................................................................... 339 Chapter 6 The Law Applicable to the Merits of the Case ......................................... 391 Chapter 7 The Award .................................................................................................... 423 Chapter 8 Recognition and Enforcement of Arbitral Awards ...................................... 521 Chapter 9 Treaty-based Investment Arbitration........................................................... 575 Chapter 10 Sports Arbitration ........................................................................................ 613 Table of Cases
    [Show full text]
  • The Characteristics of an Offer in CISG and PECL, 14 Pace Int'l L
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by DigitalCommons@Pace Pace International Law Review Volume 14 Article 4 Issue 1 Spring 2002 April 2002 The hC aracteristics of an Offer in CISG and PECL Predrag Cvetkovic Follow this and additional works at: http://digitalcommons.pace.edu/pilr Recommended Citation Predrag Cvetkovic, The Characteristics of an Offer in CISG and PECL, 14 Pace Int'l L. Rev. 121 (2002) Available at: http://digitalcommons.pace.edu/pilr/vol14/iss1/4 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. ESSAYS THE CHARACTERISTICS OF AN OFFER IN CISG AND PECL Predrag Cvetkovict I. Animus Contrahendi .............................. 122 II. The "Sufficient Definition" of an Offer ............. 122 III. The Determination of Offer Ad Personam ......... 130 Both CISG Article 14(1) and PECL Article 2.101 recognize the traditional "offer-acceptance" model of contracting.' The PECL also has a provision, Article 2.211, which deals with con- tracts not concluded through the traditional offer and accept- ance mode. Offer-acceptance, the only model explicitly addressed in the CISG, is the principal model in most legal systems of the world. However, it seems to be universally agreed that rules on the traditional model of offer-acceptance can be applied by way of analogy to other models, insofar as this is reasonable and with appropriate adaptations.
    [Show full text]
  • Important Concepts in Contract
    Munich Personal RePEc Archive Practical concepts in Contract Law Ehsan, zarrokh 14 August 2008 Online at https://mpra.ub.uni-muenchen.de/10077/ MPRA Paper No. 10077, posted 01 Jan 2009 09:21 UTC Practical concepts in Contract Law Author: EHSAN ZARROKH LL.M at university of Tehran E-mail: [email protected] TEL: 00989183395983 URL: http://www.zarrokh2007.20m.com Abstract A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept) [1]. Breach of a contract is recognised by the law and remedies can be provided. Almost everyone makes contracts everyday. Sometimes written contracts are required, e.g., when buying a house [2]. However the vast majority of contracts can be and are made orally, like buying a law text book, or a coffee at a shop. Contract law can be classified, as is habitual in civil law systems, as part of a general law of obligations (along with tort, unjust enrichment or restitution). Contractual formation Keywords: contract, important concepts, legal analyse, comparative. The Carbolic Smoke Ball offer, which bankrupted the Co. because it could not fulfill the terms it advertised In common law jurisdictions there are three key elements to the creation of a contract. These are offer and acceptance, consideration and an intention to create legal relations. In civil law systems the concept of consideration is not central. In addition, for some contracts formalities must be complied with under what is sometimes called a statute of frauds.
    [Show full text]
  • Fitness Check of Eu Consumer Law
    The Consumer Voice in Europe FITNESS CHECK OF EU CONSUMER LAW ADDITIONAL BEUC POLICY DEMANDS Contact: Christoph Schmon – [email protected] BUREAU EUROPÉEN DES UNIONS DE CONSOMMATEURS AISBL | DER EUROPÄISCHE VERBRAUCHERVERBAND Rue d’Arlon 80, B-1040 Brussels • Tel. +32 (0)2 743 15 90 • www.twitter.com/beuc • [email protected] • www.beuc.eu EC register for interest representatives: identification number 9505781573-45 Co-funded by the European Union Ref: BEUC-X-2017-040 - 25/04/2017 1 Why it matters to consumers Throughout the business-to-consumer commercial transaction it is the consumer who is in a weaker position vis-à-vis the other party. This is even more the case in the digital world, where consumers increasingly rely on online platforms for the decision-making process and where many traders provide their products or carry out their services in exchange for consumer data. It is therefore important that EU consumer law gives consumers essential rights, such as the rights to receive true information in a readable format, to not be misled or aggressed, to be protected against unfair terms and unfair practices, or to have remedies available in case of faulty goods or poor services. These rights must be safeguarded by enforcement and redress mechanisms: there are no consumer rights without redress. Summary EU consumer law is there to protect and empower consumers and to provide for effective enforcement of their rights. These criteria should therefore form the benchmark for the form of EU consumer law. Some important BEUC policy demands are outlined in detail below, concerning - The Absence of remedies under the Unfair Commercial Practice Directive; - The exchange of data as a counter-performance; - Liability and information duties of online platforms; - A better presentation of information and terms and conditions.
    [Show full text]
  • IBA ARBITRATION COMMITTEE Subcommittee on Recognition And
    IBA ARBITRATION COMMITTEE Subcommittee on Recognition and Enforcement of Arbitral Awards COUNTRY REPORT ON LOCAL REQUIREMENTS FOR THE EXTENSION OF AN ARBITRATION CLAUSE TO, AND ENFORCEMENT OF AN ARBITRAL AWARD AGAINST, A NON-SIGNATORY December 2020 In completing this survey, we ask the respondents to consider the question of non-signatories in a broad manner. That is, please consider situations where (i) a party applies to a court to compel arbitration against a non- signatory, (ii) the arbitral tribunal extended the arbitration clause to a non-signatory, and the non-signatory, or another party to the arbitration, seeks to resist enforcement, or to set aside the award, on the basis that the arbitration clause should not have been extended to the non-signatory, and (iii) where the award creditor attempts to enforce the award against a non-signatory that was not a party to the arbitral proceedings and the award. SWITZERLAND Anna Kosmenko Schellenberg Wittmer, Zurich [email protected] (Yes/ Comments, if any. I. General No /NA) Must international arbitration agreements be in writing under the law of the Yes Pursuant to Art. 178(1) of country for which you are reporting? the Private International Law Act (PILA) as well as Art. 358 of the Swiss Civil Procedure Code (Swiss I.1 CPC), the arbitration agreement “must be made in writing or any other means of communication which permits it to be evidenced by a text.” 290486181.2 1/20 000134-000635 Please describe the basic requirements for a valid international arbitration Under Swiss law, an agreement in the country for which you are reporting and cite the relevant arbitration agreement is legislative, regulatory, or jurisprudential basis for these requirements.
    [Show full text]
  • 23/3/A/2010 JUDGMENT of 18 March 2010 Ref. No. K 8/08 in the Name of the Republic of Poland the Constitutional Tribunal, in a Be
    23/3/A/2010 JUDGMENT of 18 March 2010 Ref. No. K 8/08* In the Name of the Republic of Poland The Constitutional Tribunal, in a bench composed of: Zbigniew Cieślak – Presiding Judge Stanisław Biernat Maria Gintowt-Jankowicz Mirosław Granat – Judge Rapporteur Mirosław Wyrzykowski, Krzysztof Zalecki – Recording Clerk, having considered, at the hearings on 25 February and 18 March 2010, in the presence of the applicant, the Sejm and the Public Prosecutor-General, an application by the Polish Ombudsman (hereinafter: the Ombudsman) to determine the conformity of: 1) Article 4 of the Act of 11 April 2003 on shaping the agricultural system (Journal of Laws - Dz. U. No. 64, item 592) to Article 2, Article 21(1), as well as Article 64(1) and (2) in conjunction with Article 31(3) of the Constitution of the Republic of Poland, 2) Article 29(5) of the Act of 19 October 1991 on the management of agricultural property of the State Treasury (Journal of Laws - Dz. U. of 2007 No. 231, item 1700) to Article 2, Article 21(1), as well as Article 64 in conjunction with Article 31(3) of the Constitution, adjudicates as follows: 1. Article 4 of the Act of 11 April 2003 on shaping the agricultural system (Journal of Laws - Dz. U. No. 64, item 592 and of 2008 No. 180, item 1112) is consistent with Article 2, Article 21(1) as well as Article 64(1) and (2) in conjunction with Article 31(3) of the Constitution of the Republic of Poland. 2. Article 29(5) of the Act of 19 October 1991 on the management of agricultural property of the State Treasury (Journal of Laws - Dz.
    [Show full text]
  • Active Repentance. Basic Questions Regarding the Timeliness and Voluntary Nature of Damage Compensation
    .SIAK-Journal – Journal for Police Science and Practice Soyer, Richard/Pollak, Sergio (2017): Active Repentance. Basic questions regarding the timeliness and voluntary nature of damage compensation SIAK-Journal − Journal for Police Science and Practice (International Edition Vol. 7), 32-43. doi: 10.7396/IE_2017_D Please cite this articel as follows: Soyer, Richard/Pollak, Sergio (2017). Active Repentance. Basic questions regarding the timeliness and voluntary nature of damage compensation, SIAK-Journal − Journal for Police Science and Practice (International Edition Vol. 7), 32-43, Online: http://dx.doi.org/10.7396/IE_2017_D. © Federal Ministry of the Interior – Sicherheitsakademie / NWV, 2017 Note: A hard copy of the article is available through the printed version of the SIAK-Journal published by NWV (http://nwv.at). published online: 9/2017 .SIAK-InternAtIonAl edItIon 2017 Active Repentance Basic questions regarding the timeliness and voluntary nature of damage compensation The legal institution of active repentance in the case of property crimes pursuant to Section 167 of the Austrian Criminal Code (StGB) is an internationally recognisable core element of the Austrian (criminal) legal culture. Active repentance enables the peaceful reconciliation of perpetrators and victims, and is thus, so to speak, a door-opener towards restorative justice. Active repentance completely compensates for the legal con­ sequences of the particular concluded and reprehensible property crime. The perpetrator is thus exempt from punishment by being positioned
    [Show full text]
  • Tina Huber- Purtschert Law of Obligations
    Zurich Open Repository and Archive University of Zurich Main Library Strickhofstrasse 39 CH-8057 Zurich www.zora.uzh.ch Year: 2018 Law of obligations Huber-Purtschert, Tina DOI: https://doi.org/10.24921/2018.94115924 Posted at the Zurich Open Repository and Archive, University of Zurich ZORA URL: https://doi.org/10.5167/uzh-167336 Book Section The following work is licensed under a Creative Commons: Attribution 4.0 International (CC BY 4.0) License. Originally published at: Huber-Purtschert, Tina (2018). Law of obligations. In: Thommen, Marc. Introduction to Swiss Law. Berlin: Carl Grossmann Verlag, 305-331. DOI: https://doi.org/10.24921/2018.94115924 Tina Huber- Purtschert Law of Obligations I. Contract and Tort Law . 309 1. Codes . 309 2. Principles. 312 a) Conclusion of a Contract . 313 b) Interpretation of a Contract . 314 c) Defects in the Conclusion of a Contract . 315 d) Defects in Consent . 315 e) Unfair Advantage . 316 f) Claims According to the General Provisions of the Code of Obligations. 317 g) Quasi- Contractual Claims . 319 h) Time Limits . 320 i) Types of Contractual Relationship . 321 j) Innominate Contracts . 322 3. Landmark Cases . 323 a) Swissair- Case . 323 b) Market Value Estimate-Case . 323 c) Revocability of Simple Agency Contracts-Case . 324 II. Company Law.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .325 1. Codes . 325 2. Principles. 325 a) Company Forms . 325 b) Sole Proprietorship . 326 c) Company Limited by Shares . 327 d) Limited Liability Company . .328 3. Landmark Cases . 329 a) Breakthrough-
    [Show full text]
  • B Contract Law II
    University of Zurich Faculty of Law Fall Semester 2012 Law & Economics Contract Law - Introduction Prof. Dr. iur. Andreas Heinemann, Dipl.-Ök. Two Different Systems 1. Common Law 2. Civil Law Universität Zürich 2 Structural Differences 1. Common Law: Separate Fields Contracts Torts 2. Civil Law: Unified Concepts Switzerland: The Code of Obligations covers at the same time Contracts and Torts Contracts and torts are just another way for obligations to arise. Once an obligation is created, the same rules apply. Universität Zürich 3 1. Common Law Contracts: Bargain Theory Cooter/Ulen, p. 277: "Traditionally, courts have been cautious about enforcing promises that are not given in exchange for something." Three main building blocks of a contract 1. Consent of the parties 2. Object of the contract 3. Consideration (anything of value; quid pro quo) Universität Zürich 4 2. Civil Law Contracts: Theory of Consent Cooter/Ulen, p. 279: "meeting of minds" See Art. 1 Swiss Code of Obligations: 1 The conclusion of a contract requires a mutual expression of intent by the parties. 2 The expression of intent may be express or implied. Universität Zürich 5 2. Civil Law Two main building blocks of a contract 1. Offer (containing the essentialia negotii, inter alia contracting party, object and price) 2. Corresponding acceptance (containing the same essentialia negotii) Universität Zürich 6 2. Civil Law No consideration is required (do ut des concerns only specific types of contracts, i.e. reciprocal contracts). Overhasty promises are subject to formal requirements. See for example the rules on gifts in the Swiss CO: Art. 243 (1) The promise of a gift is valid only if done in writing.
    [Show full text]
  • Kamal Huseynli DIFFERENT APPROACHES to CONFLICTING STANDARD TERMS UNDER the UNITED NATIONS CONVENTION on CONTRACTS for the INTER
    May | 2016 Commercial Law Kamal Huseynli✵ DIFFERENT APPROACHES TO CONFLICTING STANDARD TERMS UNDER THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS Abstract ‘Battle of the forms’ is one of the unresolved legal problems to which different countries’ courts have their own approach. There are three main approaches in the literature in respect of the ‘battle of the forms’: (i) domestic approach; (ii) last shot rule; (iii) knock-out rule. However, mainly the last shot and the knock-out rules are in competition with each other. While some courts of the contracting states to the United Nations Convention on Contracts for the International Sale of Goods (CISG or Convention)1 apply the last shot rule referring to article 19 of the CISG, other contracting states’ courts try to solve the ‘battle of the forms’ problem within the general principles of the Convention by applying the knock-out rule. In this article, the main pros and cons of those three approaches are discussed in order to find the most appropriate solution for the ‘battle of the forms’ problem. In the conclusion, it is supposed that courts must apply the knock-out rule while adjudicating in respect of the conflicting standard terms. Annotasiya Formların ziddiyyəti müxtəlif dövlətlərin məhkəmələrinin öz yanaşmaları olan, həll olunmamış hüquqi problemlərdən biridir. Formaların ziddiyətinə münasibətdə ədəbiyyatda üç əsas yanaşma mövcuddur: 1) yerli yanaşma 2) “last shot” qaydası 3) “knock-out” qaydası. Amma ən çox 2-ci və 3-cü yanaşmalar bir-biri ilə rəqabətdədirlər. Razılığa gələn dövlətlərin bəzi məhkəmələri Konvensiyaya onun 19-cu maddəsinə istinadən last shot qaydasını tətbiq edərkən, digər razılığa gələn dövlətlər knock-out qaydasını tətbiq etməklə konvensiyanın ümumi prinsipləri çərçivəsində formaların ziddiyyəti problemini həll etməyə çalışırlar.
    [Show full text]
  • 2017.09.28 Introduction to Swiss
    Introduction to Swiss Law Block 2: Private Law Law of Obligations Friday, September 29th 2017, KOL-G-221 Dr. Tina Huber-Purtschert, attorney at Law www.rwi.uzh.ch/huguenin Introduction to Swiss Law Overview I. Objectives II. Literature III. Translations IV. Useful Links V. Code of Obligations: Structure VI. Swiss Contract Law VII. Swiss Company Law VIII. Did we meet the Objectives? Introduction to Swiss Law, Block 2: Private Law, Law of Obligations 2 Introduction to Swiss Law Objectives beeing able to find the law text and secondary literature getting to know the structure and functioning of the Swiss code of obligations beeing able to enumerate general principles of swiss contract and company law and beeing able to find the respective provisions in the law text starting reflexions about the similarities and differences to the jurisdiction of the respective „homecountry“ Introduction to Swiss Law, Block 2: Private Law, Law of Obligations 3 Introduction to Swiss Law Literature Contract Law § BUCHER EUGEN, The Law of Contracts (Chapter 8), in: François Dessemontet and Tugrul Ansay (eds.), Introduction to Swiss Law, 3rd ed., Zurich 2004, pp. 107-1144. Company Law § HANDSCHIN LUKAS, Swiss Company Law, 2nd ed., Zurich 2015. § LENGAUER DANIEL/SCHAAD MARTIN/AMSTUTZ THERESE (eds.), Company Law in Switzerland, Zurich 2009. § DÖRIG ADRIAN, Switzerland, in: Frank Dornseifer (ed.), Corporate Business Forms in Europe, A Compendium of Public and Private Limited Companies in Europe, Berne 2005, pp. 809-889. Other literature § VOGT NEDIM PETER/DROLSHAMMER JENS (gen. eds.), Swiss Law Bibliography, English language materials on swiss law, Basel/Geneva/Munich 2005. Introduction to Swiss Law, Block 2: Private Law, Law of Obligations 4 Introduction to Swiss Law Translations English Translations of the Swiss Code of Obligations § http://www.admin.ch/ch/e/rs/2/220.en.pdf.
    [Show full text]
  • 1 E – Contracts : the New Rights and Obligations of the Consumers According to the Recent European and Greek Framework by Efth
    E – contracts : The new rights and obligations of the Consumers according to the recent European and Greek framework By Efthimia O. Moschidou, Lawyer, Halkidiki Bar Association, Greece, Candidate Phd, Department of Applied Informatics, University of Macedonia, Greece Keywords : Consumer, Convention from distance, Directive 2011/83/EU, JMD Z1 – 891/2013, Law 2251/1994 1. Introduction This study aims to present the current European and Greek legal framework on Consumer’s obligations and rights, especially Directive 2011/83/EU ( D ), based on Proposal 8-10-2008, COM ( 2008 ) 614 [ 1 ], the implementation of which took place with the Greek law JMD Z1 – 891/2013 ( JMD ), which modifies article 4 Law 2251/1994 and will be in force at 13 June 2014 ( article 10 JMD ). Instead of former minimum harmonization, Directive 2011/83/EU is a maximal harmonization directive [ 2 ], in a target way [ 3 ]. This means that its scope is not only the approach [ 4 ], but also the absolute unification of Member States legal systems, in some basic aspects, at least, such as the subjects, that are regulated in articles 3 par. 4, 6 par. 7 and 8, 7 par. 4, 8 par. 6 και 9 par. 3 of Directive 2011/83/EU. However, the full harmonization goal can be succeeded, mostly, by using horizontal application meters [ 5 ], such as accurate implementations in national legal systems, without diversions included more or less stringent provisions [ 6 ] ( article 3 par. 2, 4 D / 3a par. 2 Law 2251/1994 / 3 JMD ). Moreover, simplifying and updating [ 7 ] the applicable rules, will, definitely, contribute to the European internal market competition [ 8 ] and completion.
    [Show full text]