The most common business enterprise form in Germany today is the Gesellschaft mit beschränkter Haftung (GmbH). The GmbH offers entrepreneurs the partnership's flexibility combined with limited liability, capital lock-in, and other traits associated with corporations. Earlier enterprise forms...

The most common business enterprise form in Germany today is the Gesellschaft mit beschränkter Haftung (GmbH). The GmbH offers entrepreneurs the partnership's flexibility combined with limited liability, capital lock-in, and other traits associated with corporations. Earlier enterprise forms...

The emergence of the concept from the physiocrats to the Weimar Republic -- The (neo)Libéral recapture of the concept -- The microeconomic Constitution of the European Union fundamental economic freedoms and competition law -- The macroeconomic Constitution of the European Union. The advent of...

Before 1804, France was strictly divided in terms of legal regimes: a part was under Roman civil law while the majority of the territory was under customary laws which, as with common law, gave more flexibility to judges and fewer rights to the state. This dichotomy offers the unique opportunity...

“Marxism,” wrote the American legal historian William E. Nelson in 1985, “is not about to disappear as an attractive ideology or as a powerful political force in the world.” The prediction was not well timed. The Marxism of the socialist bloc was anything but an attractive ideology or a...

"Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal...

"This is a book for people who practice antitrust law and for people who want to learn antitrust. For practitioners, the book supplements a treatise. For students, the book complements a casebook. It goes beyond what courts have said and done to probe the ethos, logos, and pathos of antitrust;...

Building on systems theory and the economics of law, this paper argues that evolutionary models can explain certain features of common law reasoning, in particular the way that the doctrine of precedent operates to combine stability with change. The common law can be modeled as an adaptive...

The purpose of this paper is to highlight the mechanism of the vendor’s warranty against eviction by reference to known sources of Roman Law, and to search for its nature, either legal or conventional. The first two parts of the paper will be mostly dedicated to establishing terminology and...

The Cluj School of Law was formed and developed under the aegis of both the Faculty of Law at “Babeº-Bolyai” University and the Cluj-Napoca branch of the Romanian Academy, which encouraged and coordinated the local scientific research in the field of law. Regarding the Cluj-Napoca juridical...

The legitimacy of slavery, deeply rooted in classical and Christian culture, was called into question starting from the 18th century. It was a slow process, that had to relate to the peculiar forms the slavery institution got with the European colonisation of America in the Modern Age, that is...

The main purpose of this paper is to point out the legal nature, purpose and effects of the engagement prior to marriage in nowadays Romania, and also in old Romanian regulations, dating from the beginning of the XIX-th century. Equally, for a complementary perspective, the engagement prior to...

In this volume, ownership is defined as the simple fact of being able to describe something as 'mine' or 'yours', and property is distinguished as the discursive field which allows the articulation of attendant rights, relationships, and obligations. Property is often articulated through...

Gerichte treffen politische Entscheidungen. Folglich kann Rechtsprechung als politischer Prozess untersucht werden, in dem Interessen, Ideen und Machtressourcen eine Rolle spielen. Britta Rehder untersucht den Beitrag des Bundesarbeitsgerichts zur Entstehung und Entwicklung des deutschen...

How law is interpreted and enforced at a particular historical moment reflects contemporary social concerns and prejudices. This paper investigates the nature of criminal sentencing in mid-nineteenth-century Pennsylvania. It finds that extralegal factors, namely place of conviction and several...