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Download Markets, Morals, and the Law by Jules Coleman PDF

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By Jules Coleman

This choice of essays by means of one in all America's prime criminal theorists is exclusive in its scope: it exhibits how conventional difficulties of philosophy should be understood extra in actual fact while thought of when it comes to legislations, economics, and political science.

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Extra resources for Markets, Morals, and the Law

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3. J. 1979 No. C 59/ 71 para. 43 et seq. g. von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 29. de Jan D. Lüttringhaus Article 1 paras. 115 In the context of the European provisions on jurisdiction, the ECJ held that legal relations between the spouses “which have no conne[ct]ion with the marriage”116 are not excluded. In light of Recital (7), this rationale also applies to Rome I when it comes to contractual obligations which are not rooted in a matrimonial or a comparable property regime.

1 of the respective Regulation delineates the “contractual” and “non-contractual” sphere in European private international law. This may further be illustrated by questions relating to culpa in contrahendo, which are expressly excluded from “contractual obligations” in Art. 1(2)(i) Rome I. Instead, they fall within the scope of the “non-contractual obligations” addressed by Art. 16 This 12 13 14 15 16 Lüttringhaus, 77 RabelsZ (2013), 31, 37 et seq. Lüttringhaus, 77 RabelsZ (2013), 31, 41 et seq.

26. g. Lagarde/Tenenbaum, Rev. crit. DIP 2008, 727, 734; von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 26. J. EU 2010 L 343/10. See Art. 3(1) Regulation (EU) No 1259/2010. Von Hein, Rauscher: EuZPR/EuIPR (2011), Art. 1 Rome I para. 27. J. 1980 No. C 282/1, Art. 1 para. 3. de Jan D. Lüttringhaus Article 1 paras. 102 In general, Art. 1(2)(b) therefore only excludes contractual obligations 48 arising “out of ” family or comparable relationships. 103 III. 104 While this exclusion can also be traced back to the Brussels and Rome Conventions,105 the exclusion in the new Regulations mainly owes to the recent efforts to Europeanise these fields of law.

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