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Alexander Trunk, Nikitas Hatzimihail - EU Civil Procedure Law and Third Countries

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Alexander Trunk (ed.), Nikitas Hatzimihail (ed.)

EU Civil Procedure Law and Third Countries

2021

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Alexander Trunk EU Special Procedures Regulations and Third Countries – Which Perspectives for Relations with Third Countries? S. 229-234

„… EU Special Procedures Regulations and Third Countries – Which Perspectives for Relations with Third …” „… Countries? Alexander Trunk, Kiel Abstract The article addresses the EU’s Special Procedures Regulations in …” „… field. Keywords Special procedures regulations – European Enforcement Order – European Order for Payment …”

Alexander Trunk, Nikitas Hatzimihail Conclusions S. 271-306

„… (including, e.g. topics covered by the EU Regulations on special proceedings: small claims, undisputed claims …” „… . A relatively recent component of EU civil procedure law are Regulations on special proceedings in …” „… European Small Claims Procedure (ESCP) of 2007. These Regulations serve the special purpose to improve …”

Dieter Martiny The Recognition and Enforcement of Court Decisions Between the EU and Third States S. 127-146

„… application of Union rules like the Brussels Regulation. This agreement takes into account the special …” „… special provision is not necessary.68 Additional basic issues also need a regulation. For example, service …” „… , Hamburg Abstract The Brussels I Recast Regulation does not deal with the recognition of third country …”

Michael Stürner, Friederike Pförtner Residual Jurisdiction: Back to the Future? S. 53-70

„… special jurisdiction of adhesion procedure in Art. 7 No. 3 Brussels Ibis Regulation. 63 See e.g. BGH …” „… litigation. It argues against special jurisdictional provisions for such cases. In a future revision of the …” „… Regulation to third-State defendants and insert a general, but reasonably precise, provision on forum …”

Azar Aliyev The European Order for Payment Procedure and Third Countries S. 235-254

„… Regulation is rather special compared to other legislation in the area of civil litigation. While the first …” „… article describes the order for payment procedure under EU Regulation (EC) No 1896/2006 in intra-EU cases …” „… Payment Regulation – jurisdiction Brussels Ia Regulation – Transborder enforcement order for payment …”

Alexander Trunk Direct Jurisdiction – What Rules (if any) for Relations with Third Countries? S. 37-52

„… rules of the Regulation on (direct) jurisdiction16 must be scrutinized – general jurisdiction, special …” „… the Brussels Ia Regulation with regard to special and protective regulation, which should be …” „… countries. Keywords Direct jurisdiction in Brussels Ia Regulation – general/specific/protective/ exclusive …”

Alberto Miglio The Jurisdiction of the Unified Patent Court: A Model for the Application of the Brussels Ia Regulation to non-EU Disputes? S. 71-94

„… Chapter II of the Regulation to defendants domiciled in third States, but also adds special rules for the …” „… and the Unitary Patent Regulation—construction and application’ (2016) 11 JIPLP 545 (551–553 …” „… Regulation to non-EU Disputes?* Alberto Miglio, Turin Abstract Despite the introduction of certain heads of …”

Nazar Panych Relationship of the Brussels Ia Regulation with Soft Law in the Field of International Civil Procedure: Some Notes on the Planned European Rules of Civil Procedure S. 255-270

„… Relationship of the Brussels Ia Regulation with Soft Law in the Field of International Civil …” „… member States. This object is pursued, for example, by the Brussels Ia Regulation as well as various …” „… other Regulations. However, modern EU civil procedure law has a somewhat isolated character in so far it …”

Index S. 331

„… EU Regulations on special proceedings 276, 282 European Neighbourhood Policy – EU Neighbourhood …” „… , 184, 192, 201 – bilateral treaties 288 Brexit 157 Brussels Ia (Ibis) Regulation and third countries …” „… see Brussels Ia Regulation and third countries Brussels Ia Regulation 54, 255 – Brussels Ia Regulation …”

Titelei/Inhaltsverzeichnis S. 1-6

„… for the Application of the Brussels Ia Regulation to non-EU Disputes? 71 Alberto Miglio Lis Pendens in …” „… the Brussels Ia Regulation with Regard to Third Countries 95 Luboš Tichý The Recognition and …” „… Enforcement of Foreign Court Decisions in Colombia 213 Michael Stöber The European Regulations on Service of …”

Henriette-Christine Boscheinen-Duursma The European Regulations on Service of Documents and on Taking of Evidence – An Overview S. 221-228

„… The European Regulations on Service of Documents and on Taking of Evidence – An Overview …” „… Henriette-Christine Boscheinen-Duursma, Linz Abstract The article addresses the question of European Regulations on …” „… content and scope of said regulations and before the background of non-applicability in third countries …”

Jürgen Basedow EU Law of Civil Procedure and Third Countries: The Case of the European Neighbourhood Policy S. 15-28

„… designation for all EU enactments, mostly regulations that deal with international civil litigation, i.e. with …” „… of EU policies The core of EU Law on international civil litigation is the Brussels I-Regulation.4 …” „… amend the Brussels-I Regulation. 2 Convention on jurisdiction and the recognition and enforcement of …”

Dimitrios Tsikrikas The Recognition of the Effects of Foreign Judgments Between the EU and Third States S. 147-156

„… of the Brussels Ia Regulation (Articles 36–38) the recognition of foreign judgments concerns their …” „… declaration of the foreign judgment as enforceable by a domestic court’s decision in a special judicial …” „… Brussels Regulation and confers international jurisdiction to the court of another Member State, covers not …”

Iryna Izarova Enhancing Judicial Cooperation in Civil Matters Between the EU and Ukraine: First Steps Ahead S. 191-212

„… unilateral EU law, in particular, the Brussels Ia Regulation and related Regulations, which are unavailable …” „… ) relevant EU law, specifically the Brussels Ia Regulation and other 1 Ukraine is a Contracting Party of many …” „… elements and third countries participants will be discussed here. 191 Regulations and finally, (3.3) soft …”

Vladimir Yarkov Recognition and Enforcement of Judgments Between the European Union and Russia: Possible Prospects S. 181-190

„… Vladimir Yarkov, Ekaterinburg Abstract The article is devoted to the regulation of relations between the …” „… differ in the details of regulation. However, many legal assistance treaties do not cover all types of …” „… preferential stay; the issue of citizenship); Section 2. Special types of jurisdiction. • determination of …”

doi.org/10.5771/9783748923404

Judit Bayer, Bernd Holznagel, Päivi Korpisaari, Lorna Woods - Perspectives on Platform Regulation

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Judit Bayer (ed.), Bernd Holznagel (ed.), Päivi Korpisaari (ed.), Lorna Woods (ed.)

Perspectives on Platform Regulation

Series: Recht und Digitalisierung | Digitization and the Law

Volume 1 2021

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Siwal Ashwini Social Media Platform Regulation in India – A Special Reference to The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 S. 215-232

„… Social Media Platform Regulation in India – A Special Reference to The Information Technology …” „… towards a co-regulatory model relying both on statutory framework and self-regulation of SMPs. The chapter …” „… , Significant Social Media Intermediary, Digital News Portals, Social Media Regulation in India and Intermediary …”

Judit Bayer, Lorna Woods, Bernd Holznagel Introduction S. 9-22

„… work? 187 Izumi Aizu Social Media Platform Regulation in India – A Special Reference to The Information …” „… closed with samples of platform regulation from Latin-American states, with a special focus on copyright …” „… Content Introduction 13 Judit Bayer, Lorna Woods, Bernd Holznagel Models of Platform Regulation …”

Izumi Aizu Digital Platform Regulation in Japan – does the soft approach work? S. 187-214

„… Digital Platform Regulation in Japan – does the soft approach work? Izumi Aizu Abstract: With the …” „… seemed to have migrated to the Internet, the combination of industry self-regulation, a new local …” „… the Ministries and a new industry self-regulation system are expected to bring a better balance …”

Jan Christopher Kalbhenn European Legislative Initiative for Very Large Communication Platforms S. 47-76

„… . Special regulations for online platforms The rights of users are to be protected by differentiated …” „… Digital Markets Act. With this legislative project the Commission introduces new regulations for the …” „… . Europe-wide regulation of digital platforms The effects of the internet and platform economy were recently …”

Enni Ala-Mikkula The Role of Occupational Safety and Health Legislation in Hate Speech Regulation. Employers’ responsibility to prevent and respond to the risk of hate speech at work – the Finnish perspective S. 489-506

„… The Role of Occupational Safety and Health Legislation in Hate Speech Regulation. Employers …” „… safety and health activities. Both regulation and workplace activities have historically been centred …” „… round the physical safety of employees.1 However, the scope of occupational safety and health regulation …”

Lorna Woods The UK’s Approach to Regulation of Digital Platforms S. 329-350

„… The UK’s Approach to Regulation of Digital Platforms Lorna Woods Abstract: This chapter provides an …” „… overview of three main strands of regulation in the UK that would affect the regulation of digital …” „… theme is the response, particularly of large companies, to enforcement of regulation. Keywords: data …”

Maria L. Vazquez, Maria Carolina Herrera Rubio, Alejandro Aréchiga Morales Thoughts on the Regulation of Content on Social Media in Latin America: Authors’ Rights, Limitations and Content Filtering S. 233-260

„… -regulation-in-argentina-when-n o-law-is-better-than-a-bad-law. 38 Marcela Gómez, Matías Bobadilla, “Influencers deben pagar …” „… /influencers39-regulation-in-argentina-when-no-law-is-better-than-a-bad-law Hernández Bauzá, Valentina. Sucesos …” „… Thoughts on the Regulation of Content on Social Media in Latin America: Authors’ Rights …”

Giovanni De Gregorio, Nicole Stremlau Platform Governance at the Periphery: Moderation, Shutdowns and Intervention S. 433-450

„… regulations: how platforms are regulated and how they regulate us (Leeds, 2017). 9 Sarah T Roberts, Behind the …” „… speech in the algorithmic society: Big data, private governance, and new school speech regulation," UCDL …” „… https://www.reuters.com/investigates/special-report/myanm ar-facebook-hate/. 29 Jeffrey Sablosky, “Dangerous organizations: Facebook’s content moderation …”

Maximilian Hemmert-Halswick Lessons learned from the first years with the NetzDG S. 415-432

„… field of platform regulation. Three years after its enactment, the law underwent an amendment process …” „… control. Keywords: Content Regulation; Hate Speech; Social Networks; Overblocking; Compliance approach …” „… industry during this time: content regulation has often been in the media spotlight; Twitter has blocked …”

Jacob Mchangama, Natalie Alkiviadou Protecting the Freedom of Expression in an Era of “Platformization:” Paving a Road to Censorship? S. 451-472

„… intermediary liability to counter online harms, ‘outsourcing’ government mandated content regulation to private …” „… legality of user content as national authorities. In 2018, the(n) UN Special Rapporteur on the Freedom of …” „… Companies” Yale Journal on Regulation Online Bulletin 39, No.3, 2020, 90. 9 Brenda Dvoskin, “International …”

Judit Bayer, Bernd Holznagel, Päivi Korpisaari, Lorna Woods Conclusions: Regulatory Responses to Communication Platforms: Models and Limits S. 565-584

„… and platform economy on the process of public opinion-forming as follows: 2. 1 Regulation (EU …” „… , 11.7.2019, p. 57. 2 Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 …” „… to business regulation), Recital 1. 3 Proposal for a Regulation of the European Parliament and of the …”

Bernd Holznagel, Jan Christopher Kalbhenn Media Law Regulation of Social Networks - Country Report: Germany S. 261-290

„… Topic-based Regulation: Media Law and Data Protection Media Law Regulation of Social Networks …” „… ten.de/fileadmin/user_upload/Rechtsgrundlagen/Gesetze_Staatsvertraege/Interstate _Media_Treaty_en.pdf. Media Law Regulation of Social Networks - Country Report: Germany 265 Media …” „… press are generally exempt from supervision by the state media authorities. Self-regulation is given …”

Judit Bayer Rights and Duties of Online Platforms S. 23-46

„… Models of Platform Regulation Rights and Duties of Online Platforms Judit Bayer Abstract: One of …” „… of freedom of expression on social media platforms: EU content regulation through the lens of human …” „… regarding lawful content. What do they really do and is that activity subject to any legal regulation? The …”

Kuo-Wei Wu, Shun-Ling Chen, Poren Chiang „Open with Caution“. How Taiwan Approaches Platform Governance in the Global Market and Geopolitics S. 165-186

„… introduced new regulations. While the United States has largely relied on platform self-governance and given …” „… regulations about platforms are rather scant. Three of the top five websites in Taiwan are owned by foreign …” „… ”, April 7, 2020, https://www.bbc.com/news/technology-52200507. One special case may be Zoom. Although Zoom …”

Jörg Becker, Bernd Holznagel, Kilian Müller Interoperability of Messenger Services. Possibilities for a Consumer-Friendly Approach S. 119-144

„… obligation in practice. Keywords: Platform Regulation, Messenger Services, Federated Protocols, Competition …” „… of the interoperability regulation, consumers might be confused why this normally familiar …” „… functional approach" to regulation. Such an understanding of the term could also cover services other than …”

Mårten Schultz Six Problems with Facebook’s Oversight Board. Not enough contract law, too much human rights. S. 145-164

„… , Facebook, content moderation, self-regulation, community standards. Introduction Background In 2018 …” „… . Firstly, it is dangerous because it suggests that Facebook has special duties that other companies do not …” „… the set of rules that forms the contract. Only in special circumstances will the decision maker need …”

doi.org/10.5771/9783748929789

Dimitrios Parashu - The EU and the Matter of Concerted Acting Die EU und die Frage einverständlichen Handelns La UE et la question de l'action concertée

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Dimitrios Parashu (ed.)

The EU and the Matter of Concerted Acting Die EU und die Frage einverständlichen Handelns La UE et la question de l'action concertée

2019

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Daniel Sliwiok-Born Concerted Action through legislative procedure? An analysis of the integrating power of European legislative under special consideration of Regulation 1371/2007/EC S. 93-104

„… legislative under special consideration of Regulation 1371/2007/EC Daniel Sliwiok-Born* The preamble of the …” „… it become part of any other treaty, directive or regulation in European law. Respectively, it was …” „… example of Regulation 1371/2007/EC (C). Concerted Action: origin, meaning and further development The …”

Dimitrios Parashu Introduction: Concerted Actions within the EU. General Status Overview S. 7-38

„… granted by the EU Council on its special summit of April 10th, 2019,65 although „only as long as necessary …” „… deserves special attention due to its characteristics: A formalisation of different levels of participation …” „… Private Law: The Regulation 1259/2010136, „Rome III”137 As – chronologically – the first product of an …”

Titelei/Inhaltsverzeichnis S. 1-6

„… integrating power of European legislative under special consideration of Regulation 1371/2007/EC 93 Daniel …”

doi.org/10.5771/9783748905042

Ulrich Becker, Anika Seemann - Protecting Livelihoods

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Ulrich Becker (ed.), Anika Seemann (ed.)

Protecting Livelihoods

Series: Studien aus dem Max-Planck-Institut für Sozialrecht und Sozialpolitik

Volume 77 2022

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Agnieszka Górnicz-Mulcahy, Ariel Przybyłowicz XVII. Anti-Crisis Shields – Special Regulations of Labour Law and Social Law to Mitigate the Negative Effects of the COVID-19 Pandemic in Poland S. 377-404

„… Anti-Crisis Shields –Special Regulations of Labour Law and Social Law to Mitigate the Negative …” „… the place of its regular performance (remote work). This means that the regulation currently in force …” „… require an amendment to the Labour Regulations.6 K.W. Baran, D. Książek, W. Witoszko, Komentarz do art. 3 …”

Nai-Yi Sun XXII. Consolidating Solidarity in Taiwan during the COVID-19 Crisis S. 497-520

„… and the threat to citizens’ individual existence, the COVID-19 Special Act and numerous regulations of …” „… constitutionality of relevant regulations with reasonable scrutiny. It particularly took into account the …” „… enacted a time-limited act in March 2020, the “Special Act for Prevention and Relief Revitalisation …”

Ulrich Becker IX. The Community Steps Up: Changing Responsibilities in Germany S. 201-228

„… . I, p. 5162).54 Law to Extend Special Regulations in Connection with the COVID-19 Pandemic on …” „… meaning of Art. 72 Para. 1 GG (Basic Law) leaves scope for individual Länder regulations (sceptical, and …” „… it is embedded in a special form of self-administration and is basically financed by contributions …”

Yifei Wang IV. Measures to Protect Livelihoods during the COVID-19 Pandemic in China S. 75-102

„… total costs of living or the amount provided in local regulations, this family is entitled to special …” „… observation, the quarantine or other emergency measures taken by the government.18 This special rule expanded …” „… extension is unclear, since such an extension is only allowed through the laws or regulations of the State …”

Letlhokwa George Mpedi XX. Protecting Livelihoods in the COVID-19 Crisis: The South African Experience S. 453-474

„… national state of disaster. That said, the legal rules and regulations dealing with COVID-19 must be …” „… Section 27 of the Disaster Management Act 57 of 2002. The COVID-19 rules and regulations, which are …” „… Disaster Management Act 57 of 2002. These regulations limit some basic rights and freedoms (Section 27(2 …”

Ulrich Becker I. Social Policy and Social Law in Times of Crisis:An Introduction S. 11-28

„… , the study concentrates on England only, as after the devolution special regulations have come to exist …” „… counutries have refrained from doing so, others have introduced special holiday regulations or special …” „… suffice or whether special arrangements should be introduced during the crisis. Such changes allow further …”

Grega Strban, Luka Mišič XIX. Social Protection and the Pandemic in Slovenia: Between Income Protection, Social Policy and Politics S. 427-452

„… introduced in 2020, whilst also enacting a special measure for self-employed persons financially affected by …” „… gospodarstvo, ZIUZEOP), Official Gazette of the RS, No. 49/20 to 15/21.19 Under special conditions, Article 24 …” „… . Interestingly, only the eighth ACLP provided special legal grounds concerning the prolonged treatment of COVID …”

Linxin He VIII. Living with COVID-19: Entering the “New Normal” Era in France S. 181-200

„… servants).47 In addition, the Regulation of 25 March 2020 provided for special arrangements to make …” „… measures to be taken by the government, as it authorised the executive branch to issue regulations in …” „… unmanageable number of regulations have been created around this law. Interventions under labour and social …”

Katsuaki Matsumoto XIII. Reoccuring Problems in Securing Employment and Livelihoods in Japan S. 295-312

„… declaration of emergency in accordance with the “Act on Special Measures against Novel Influenza, etc.” (ASMNI …” „… for in the administrative regulation of the Ministry of Health, Labour and Welfare on this benefit.23 …” „… sickness benefit as long as their health insurance institution has a regulation that provides for the …”

Ingo Wolfgang Sarlet, Jeferson Ferreira Barbosa III. Social Security in Times of COVID-19 in Brazil S. 49-74

„… facing a pandemic. Therefore, such measures, legal regulation, and even diagnoses are subject to constant …” „… access to the social protection system by the Brazilian population.Job RetentionSpecial Labor RulesOne of …” „… workers. Provisional Presidential Decree 927 of 22 March 20209 established special labor laws to face the …”

Maarten Bouwmeester XV. All Hands on Deck: Dutch Emergency Support Policies in the COVID-19 Pandemic S. 337-360

„… short-time work scheme has been in operation for many years, called Regulation for Short-Time Work …” „… from the Commission on the Regulation of Work (Commission Borstlap).35Either way, the currently active …” „… dramatic), necessitating 35 Commission on the Regulation of Work, ‘In wat voor land willen wij werken?’, 23 …”

Sara Stendahl, Thomas Erhag XI. Temporary Changes and Long-Term Problems – Regulating the Swedish Labour Market and Social Security System during the COVID-19 Pandemic S. 475-496

„… layoffs and unemployment by furloughing workers, and is not part of the social security regulations …” „… e-Journal Special Issue 1, vol. 13 (2020) COVID-19 and Labour Law. A Global Review. Section: National …” „… Special Issue 1, vol. 13 (2020) COVID-19 and Labour Law. A Global Review. Section: National Reports, p …”

Anastasia Poulou X. Social and Labour Market Policy during the COVID-19 Pandemic in Greece S. 229-242

„… partners in the drafting of the respective labour and social protection law regulations.At the same time …” „… employment contracts and the provision of compensations of special cause for employees, the introduction of …” „… employment support mechanisms, the stipulation of special purpose leave for working parents, the provision of …”

Olga Chesalina XVIII. Russia: The Path Dependence of Old Concepts and Targeted Support Measures in the COVID-19 Pandemic S. 405-426

„… of this instrument, the regulation on non-working days was relaxed and employers were allowed to …” „… working hours according to this regulation.26 Furthermore, even if the conditions of Art. 74 (5) are …” „… Special Tax Regime ‘Tax on Professional Income’”].46 Федеральный закон № 172-ФЗ от 8 июня 2020 г. «О …”

Anika Seemann VI. “Collective Agreement”– Danish Social and Labour Market Policy in the COVID-19 Crisis S. 121-146

„… regulation in Denmark. The scope of the measures laid down over the course of the pandemic, however, has been …” „… salary compensation scheme, the government made the existing regulations on ‘work reduction …” „… Given the phasing-out of the salary compensation scheme on 29 August 2020, the regulations on work …”

Eva Maria Hohnerlein XII. Social Policy Measures to Mitigate the Effects of the COVID-19 Pandemic in Italy between Continuity and Change S. 263-294

„… adapting the work environment to COVID-19-related health regulations.b)78 Art. 24 D.L. 34/2020 (IRAP); Art …” „… government has issued an abundant set of decree laws2 as well as implementing decrees3 and other regulations …” „… Labour Law e-Journal, Special Issue 1, vol. 13 (2020), with update of 16 June 2020; Tiraboschi, Il caso …”

Nikola Wilman VII. (Still) Too Little, Too Late? – Crisis Management in England S. 147-180

„… Grey/MacAskill, Special Report: Johnson Listened to his Scientists about Coronavirus – but They Are Slow to …” „… , hospitality and leisure sectors.6 Also, lockdown regulations made it an offence for any person to leave their …” „… (Coronavirus, Restrictions) (England) Regulations 2020 (SI 2020/350) (‘lockdown regulations’), enacted on 26 …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Anti-Crisis Shields –Special Regulations of Labour Law and Social Law to Mitigate the Negative Effects of the …”

Martin Štefko V. The Czech Way of Dealing with the COVID-19 Pandemic as a Social Risk S. 103-120

„… standards and other similar regulations.3 Said employees retained their qualifications even in cases where …” „… packages on taxes, a moratorium law, as well as special aid programmes for culture, tourism, sport, real …” „… that the latter had granted the tenant a 30% rent discount.Sector-Specific MeasuresMoreover, a special …”

doi.org/10.5771/9783748932819

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OER Osteuropa Recht

Browse Volumes: OER Osteuropa Recht

OER Volume 60 (2014) Issue 2 ISSN Online: 2366-6730

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Marlena Pecyna The Russian and Polish Concept of the Law of Services – A Comparative Review and Some Remarks de lege ferenda S. 171-180

„… “direction” of the regulation – from general to special norms, but in many places of special parts of the …” „… states art. 779 (2) of the Russian Civil Code). This regulation is not exhaustive.15 In the special …” „… with the special regulation of service contracts,25 or with the character of the object of the service …”

Liudmyla Savanets Legal Regulations of Liability in Construction Contracts in Ukraine S. 207-230

„… “referential practice” in legislative regulations can have a positive impact merely if the special acts to …” „… Liudmyla Savanets Legal Regulations of Liability in Construction Contracts in Ukraine I …” „… of construction are governed by the specific legal regulation mechanism primarily due to the …”

Anton Rudokvas, Marina Nokhrina The Contract for Services under the Civil Code of Russia and under the Draft Common Frame of Reference (DCRF) S. 198-206

„… substantiates the special regulation of construction in the part 3 chapter 37 CC RF. But if the subject of …” „… for Services 199 Commentary: The CC RF provisions are aimed for the regulation of remunerative works …” „… in the regulation of the correspondent relations by the rules included in the chapter related to the …”

Wojciech J. Kocot The Juridical Nature of Distribution (Network) Contracts from the Polish Perspective S. 143-163

„… Regulation of 30 March 2011 [Official Journal of Poland (Dz.U.) No 81, pos. 441 of 18 of April 2011]; 15 …” „… law in the future. In the absence of precise and exhaustive contractual regulation, the relationship …” „… particularly relevant are: the Commission Regulation (UE) No. 330/2010 of 20 April 2010 on the application of …”

doi.org/10.5771/0030-6444-2014-2

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