General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé

1. Front Matter

   Pages i-xiv

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2. The Independence of a Meritorious Elite: The Government of Judges and Democracy

   • Sophie Turenne

   Pages 1-13

3. Judicial Rulings with Prospective Effects: From Comparison to Systematisation

   • Eva Steiner

   Pages 15-27

4. Interpretation and Application of the New York Convention by National Courts

   • George A. Bermann

   Pages 29-71

5. Private Law and Fundamental Rights

   • Verica Trstenjak

   Pages 73-97

6. General Report on the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision

   • Rona Serozan

   Pages 99-113

7. Disgorgement of Profits: Gain-Based Remedies Throughout the World

   • Ewoud Hondius, André Janssen

   Pages 115-134

8. Private Ordering in Family Law: A Global Perspective

   • Frederik Swennen

   Pages 135-163

9. Proof of and Information About Foreign Law

   • Yuko Nishitani

   Pages 165-194

10. The Impact of Corruption on International Commercial Contracts

    • Michael Joachim Bonell, Olaf Meyer

    Pages 195-212

11. Civil and Commercial Mediation and National Courts: Towards a New Concept of Justice for the XXI Century?

    • Carlos Esplugues

    Pages 213-259

12. The Organisation of Legal Professions

    • Martin Henssler

    Pages 261-280

13. Genetic Technology in the Light of Food Security and Food Safety

    • Roland Norer, Christa Preisig

    Pages 281-318

14. The Law of Close Corporations

    • Holger Fleischer

    Pages 319-350

15. The Protection of Minority Investors and the Compensation of Their Losses

    • Martin Gelter

    Pages 351-369

16. Personal Guarantees Between Commercial Law and Consumer Protection

    • Andreas Schwartze

    Pages 371-381

17. The Interaction Between Company Law and the Law of Succession: A Comparative Perspective

    • Susanne Kalss

    Pages 383-403

18. License Contracts, Free Software and Creative Commons

    • Axel Metzger, Stefan Hennigs

    Pages 405-427

19. Whistleblowing Around the World

    • Gregor Thüsing, Gerrit Forst

    Pages 429-454

20. Security Interests in Transport Vehicles: The Cape Town Convention and Its Implementation in National Law

    • Souichirou Kozuka

    Pages 455-467

This book deals with convergences of legal doctrine despite jurisdictional, cultural, and political barriers, and of divergences due to such barriers, examining topics that are of vital importance to contemporary legal scholars. Written by leading scholars from more than twenty countries, its thirty-two chapters present a comparative analysis of cutting-edge legal topics of the 21st century. While each of the countries covered stands alone as a sovereign state, in a technologically advanced world their disparate systems nonetheless show comparable strategies in dealing with complex legal issues.    The book is a critical addition to the library of any scholar hoping to keep abreast of the major trends in contemporary law. It covers a vast area of topics that are dealt with from a comparative point of view and represents the current state of law in each area. ​

• Private Law and Fundamental Rights
• Financial Crises
• Disgorgement of Profits
• Private Ordering in Family Law
• Foreign Law
• Corruption on International Commercial Contracts
• Civil and Commercial Mediation
• Genetic Technology
• Food Security and Food Safety
• Minority Investors
• Commercial Law and Consumer Protection
• Company Law and the Law of Succession
• License Contracts, Free Software and Creative Commons
• Whistleblowing Around the World
• Security Interests in Transport Vehicles
• Infringement of Human Rights
• Rights of the Child
• Foreign Language on National Legal Orders
• Legal Culture and Universal Justice

• Department of Civil Law, University of Vienna, Vienna, Austria

  Martin Schauer

• Department of European, International and Comparative Law, University of Vienna, Vienna, Austria

  Bea Verschraegen

Martin Schauer has been a professor at the Institute of Civil Law at the University of Vienna since 2001. Before, he was a professor for Civil Law, Commercial Law and Securties Law at Vienna University of Economics and Business. Martin Schauer was a visiting professor at the London School of Economics and Political Science, at Chuo University Tokyo and other universities. He is a titular member of the International Academy of Comparative Law and a member of the Scientific Advisory Board of the Max Planck Institute for Comparative and International Private Law (Hamburg). His main areas of interest are European private law, law of succession, foundation law, company law and insurance contract law.

Bea Verschraegen Full professor of Comparative and Private International Law at the Law Faculty of the University of Vienna since 1998. Registered mediator with special focus on cross-border cases and intercultural disputes. Head of the Austrian National Committee and titular member of IACL. Présidente honoraire de la Commission Internationale de l’Etat Civil (CIEC, Strasbourg). Fellow of the International Advisory Board of the “Belt and Road” Research Base of Hong Kong (“Belt and Road”). Elected Member of ALI. Elected member of the Academia Europaea (AE). Author of many books, articles and commentaries. Further information: http://homepage.univie.ac.at/bea.verschraegen

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