Search results for ""Author Howard D Fisher""

The 7th edition of the German Legal System and Legal Language has undergone substantial revision throughout and there has been much amendment and reorganization since publication of the 6th edition. Among the many changes in the 7th edition are the following: • New two-volume format; • Three new chapters: (i) family law and law of succession (ii) procedure in family matters and (iii) international law, domestic law and foreign relations; • Focus on fundamental constitutional concepts, with new exposés on the arrangement of law in codes, features of the German state, law and its relation to the state and the structure of government in the UK;• New exposé on the constitutional right of general freedom of action and the general right of personality; • Discussion of the character of rules of law; • In the chapter on the Civil Code (BGB), new exposés on topics such as; § the principle of good faith; § the object, place and time of performance; § the concept of “loss”; § assignment; § contracts of sale; § contracts for services; § transaction of other people´s affairs without prior authority; § contracts of surety; § tort; § the different types of possession; and § the protection of possession and ownership • Clearer explanation of essential terminology used in German commercial law; • The different types of mercantile agent and the pitfalls of a general power of attorney • “Silent” partnerships; • New exposé on the commissioner; • New exposé on the duty of loyalty between members of a company; • New exposés on establishment of the facts and the burden of proof in civil proceedings; • The German rules regarding arbitration; • New exposé on immediate protective measures in administrative law; • Judicial review of administrative action and enforcement of administrative acts; • Overview of attempt, self-defence and capacity in criminal law; • New exposé on arrest warrants and investigative custody; • Consideration of the fair trial principle and the evidence stage in criminal proceedings • Discussion of shipping documents (bills of lading) and methods of payment (letters of credit) in international trade; • Expanded chapter on private international law, with a new exposé on selection of legal venue.

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Volume 2 of The German Legal System and Legal Language supplements Volume 1 and contains various Appendices of ancillary materials. It “offers for non-native speakers a rich source of information on how to translate German legal terms into English” (Dr Viola Heutger). Appendix A (the vocabulary), in particular, has been substantially expanded, revised and updated since publication of the last edition of the book in 2015. It contains definitions and explanations in English of innumerable German and Latin words and phrases referred to in Volume 1. Along with Volume 1 and the other Appendices, English-speaking readers are thereby provided with the necessary “tool box” for a better understanding of German legal concepts and rules.

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