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A valuable contribution to legal jurisprudence, this book examines in detail the progression of law that affects animal law in general, and the various aspects that particularly impacts pets and companion animals.

This paper aims to throw a light on some particularities of thecommission contract as it is presently regulated by the Civil Code, as aspecies of the mandate contract (without representation). Although thecommission contract is well known and often met in the trade, there are stillsome features that deserve consideration, mainly due to the approach usedby the lawmaker in order to translate this contract from the CommercialCode to the Civil Code. It is noteworthy that, while no legal obligationalrelationship is established between the principal and the third party,sometimes the effects of the contract concluded by the commissioner withthe third party are placed directly in the patrimony of the principal, as anapparent exception to the contract’s relativity principle.

Can there ever be justice for the Holocaust? During the 1990s—triggered by lawsuits in the United States against Swiss banks, German corporations, insurance companies, and owners of valuable works of art—claimants and their lawyers sought to rectify terrible wrongs committed more than a half century earlier. Some Measure of Justice explores this most recent wave of justice-seeking for the Holocaust: what it has been, why it emerged when it did, how it fits with earlier reparation to the Jewish people, its significance for the historical representation of the Holocaust, and its implications for justice-seeking in our time. Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible?

This book defines and explains the operation of the defence of change of position in Anglo-Australian law. It is a widely accepted view that the defence is a modern development, the first express recognition of which can be traced in England to the seminal decision of the House of Lords in Lipkin Gorman (a firm) v Karpnale Ltd. Commentators have accordingly tended to focus on post-Lipkin case law in discussing the defence and its many disputed features. This work takes a different stance, arguing that the defence is best understood by placing it within its broader historical and legal context. It explains that the foundations of the defence can be found in the related doctrines of estoppel by representation, the agent’s defence of payment over and the law of rescission. The analysis applies crucial insights from those areas, together with the change of position authorities and broader considerations of policy and principle, to develop a rigorous model of the change of position defence. The work not only provides a clear and exhaustive examination of the defence, but demonstrates that, properly understood, the defence operates in a rational and justifiable manner within its broader private law context. In so doing, its analysis meets the oft-expressed concern than the defence may operate in an unprincipled way or by reference to ‘that vague jurisprudence which is sometimes attractively styled “justice as between man and man”’.

Commercial relationships give rise to diverse forms of legal obligation in private law, including contract, tort, agency, company law and partnership. More controversially, equity and the law of restitution have a less defined and somewhat ambulatory role in regulating the affairs of commercial parties. Nevertheless, their impact is manifest in the commercial arena through the distinct types of liability they engender and the remedies that are imposed. This collection draws together the views of leading international scholars and judges to explore the nature and extent of this impact from two perspectives. Five chapters primarily address this impact at a macro-level, focusing on the roles of equity and the law of restitution in terms of legal taxonomy, doctrine and policy. In contrast, the remaining five chapters primarily address this impact at a micro-level, focusing on selected liabilities and remedies within equity and the law of restitution in the context of commerce. This bifocal approach enables a holistic appreciation of some important ways in which equity and the law of restitution affect or may affect commerce, with a view to fostering further debate over the fundamental issues at stake.

Dagan's 2004 book provides a dynamic account of the American law of restitution. The book reviews the existing doctrine, using an ethical perspective to expose and examine critically the normative underpinnings of the core categories of restitution. Dagan also discusses some of the most controversial issues in the area, such as cohabitation, improper tax payments, and the role of constructive trusts as trumps in bankruptcy. He further tackles the recent restitution claims of slave laborers (or their descendants) against corporations that benefited from their enslavements, and of governmental bodies against injurious industries. Dagan argues that the concept of unjust enrichment is not an independent reason for restitution but, rather, serves as a loose framework. By integrating doctrinal and ethical analyses of restitution across the spectrum of restitution contexts, the author offers significant and provocative insights on existing law as well as possible reforms.

The Property Rights of Refugees and Internally Displaced Persons: Beyond Restitution pursues a rigorous examination of the various ways in which the protection of housing and property rights can contribute to durable solutions to displacement.

To archivists and manuscript collectors and dealers, the term replevin describes governmental efforts to recover public records that are in the custody of a private party. Much of the existing writing on replevin and records focuses on the small number of court decisions regarding custody. More commonly, however, disputes concerning the ownership of records are settled between a government archives and a private party. Drawing upon active records, archival materials, and interviews with public officials, this article examines these quieter recovery cases alongside those that have resulted in a court decision and, in doing so, puts forth a representation of the replevin process. There are three layers to replevin presented in this article. First, this article outlines the general shape to the replevin process and presents a six-stage model that characterizes recovery efforts in the USA. The second layer focuses on the state of North Carolina and builds upon the six-stage model to identify common practices in each stage. The article then presents an individual example of recovery of a public record in North Carolina and, with this layer, considers what this narrative reveals about replevin.

Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics.