Autonomy of Common European Sales Law in Lithuania
Sį dokumentą lietuvių kalba galima rasti adresu: http://ssrn.com/abstract=2243074 Private law is the area of law in which the resistance to unification in Europe is probably the strongest. Private law codification initiative, which began in 1989, after more than twenty years was recently reduced to optional non binding common sales law draft, which is gradually making its way through the EU institutions’ legislative process. Choice of EU regulation as a form indicates that the willingness to reach objective results is strong enough, but the reasoning in support of this project faces equally strong argument against it. Lithuanian experience expands this discussion in several important respects. Rome I Regulation Article 6.2. deadlock solution is specifically beneficial for smaller countries, where market participants have less bargaining power. In addition, an optional supplementary regulatory framework that the parties could choose, would allow testing existing legal systems by competition. Lithuania's recent reform experience suggests that the draft regulation provides for a smooth change in Europe. Multilingualism, some of the Common European Sales Law solutions, radically different from the Lithuanian national legal provisions will certainly require revision of the existing concepts, but that is not a reason not to try to improve the EU's common private law.
CISG and CESL
The subject of this paper – which is dedicated to Ole Lando – is to examine the relationship between the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 1980 and the Proposal for a Common European Sales Law (CESL) which the EU Commission published on 11 October 2011 and to compare both instruments. However, only major differences will be discussed, primarily with respect to the regulations for businesses. The focus lies on the objectives, opt-in and opt-out approach, scope of application, structure, and style of regulation of both sets of rules. The conflict of laws problem will be addressed, as well as specific matters such as the rules regarding formation of contract, and the rights and obligations of the parties.This contribution is published in this Research Paper Series as a part of the Liber Amicorum Ole Lando with the generous and exceptional permission of the rights owner, Djof Forlag.
The denial of death and the out-of-the-body experience
The out-of-the-body experience is a phenomenon which continues to be reported and continues to be interpreted in many ways. It seems, however, that more attention is given to finding a spiritual base for this occurrence than a psychological understanding of it. This paper considers the psychological forces of denial as a suitable explanation for the OBE and suggests that these experiences may be understood as hallucinations caused by traumatic events rather than genuine previews of the afterlife. That is: “Do these people transcend their bodies and also time and space to acquire these experiences, or could it be that nothing has been transcended at all save the need to deny death and thus transcend its feared consequence, which is ‘not being’?”