The Common European Sales Law in Context

Interactions with English and German Law

Author: Gerhard Dannemann,Stefan Vogenauer

Publisher: Oxford University Press

ISBN: 0199678901

Category: Law

Page: 789

View: 9009

The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
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The Politics of European Sales Law

A Legal-political Inquiry Into the Drafting of the Uniform Commercial Code, the Vienna Sales Convention, the Dutch Civil Code and the European Consumer Sales Directive in the Context of the Europeanization of Contract Law

Author: Bastiaan van Zelst

Publisher: Kluwer Law International B.V.

ISBN: 9041127526

Category: Law

Page: 265

View: 5966

"A legal-political inquiry into the drafting of the uniform commercial code, the Vienna Sales Convention, the Dutch civil code and the European consumer sales directive in the context of the Europeanization of contract law."--T.p.
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Die Behandlung digitaler Inhalte im Gemeinsamen Europäischen Kaufrecht (GEKR)

Author: Johannes Druschel

Publisher: Herbert Utz Verlag

ISBN: 3831644004

Category:

Page: 422

View: 3446

Dieses Buch behandelt die Regelung der digitalen Inhalte im Gemeinsamen Europäischen Kaufrecht (GEKR), das als Anhang zum Verordnungsentwurf KOM(2011) 635 endgültig (GEKR-VO) von der EU-Kommission am 11. Oktober 2011 vorgelegt wurde und mit großer Mehrheit, wenn auch beschränkt auf den Fernabsatz- und Online-Handel, vom Europäischen Parlament am 26. Februar 2014 befürwortet wurde. Eine Realisierung dieses Gesetzesvorhabens wird damit immer wahrscheinlicher. Als Novum enthält das GEKR vertragsrechtliche Regelungen für die Bereitstellung digitaler Inhalte. Dazu zählen insbesondere mp3s, Videos und Software. Die Kommission hat sich ihrer rechtlichen Behandlung angenommen, um der gestiegenen wirtschaftlichen Bedeutung von und dem vermehrten Handel mit solchen unkörperlichen Gütern Rechnung zu tragen und aktuell bestehender Rechtsunsicherheit – gerade für Verbraucher – zu begegnen. Die Arbeit analysiert die vorgeschlagenen Regelungen und zieht vor allem Vergleiche zur aktuellen deutschen Rechtslage. Bezüge zu einigen angrenzenden Rechtsgebieten, wie Urheber- und Sachenrecht, werden ebenfalls hergestellt. Dabei wird unter anderem der Frage nachgegangen, ob der kaufrechtliche Vertrieb digitaler Inhalte unter Geltung des GEKR Aufschluss über eine Lösung der derzeit kontrovers diskutierten Problematik der Onlineerschöpfung bei anderen Werkarten als Software gibt.
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European Perspectives on the Common European Sales Law

Author: Javier Plaza Penadés,Luz M. Martínez Velencoso

Publisher: Springer

ISBN: 3319104977

Category: Law

Page: 311

View: 8598

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​
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Language and Culture in EU Law

Multidisciplinary Perspectives

Author: Susan Šarčević

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472428994

Category: Law

Page: 270

View: 4051

Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
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Codification in East Asia

Selected Papers from the 2nd IACL Thematic Conference

Author: Wen-Yeu Wang

Publisher: Springer Science & Business Media

ISBN: 3319034464

Category: Law

Page: 248

View: 7228

This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. Since codification is a subject of intense current interest in East Asia, this second volume on codification is dedicated to the sub-theme of codification and legal transplant in this area, focusing on China, Japan, Korea and Taiwan. It includes two papers that discuss development of codification in East Asia and Korea in particular. It is also comprised of two reports that draw comparative lessons from Japan, India and Indonesia. In addition, this volume consists of four general reports and 19 national reports that guide readers through the knowledge of codification of commercial law, administrative law, civil law and private international law in East Asia. This book is developed from papers presented at the 2012 Thematic Conference of the International Academy of Comparative Law.
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Codification in International Perspective

Selected Papers from the 2nd IACL Thematic Conference

Author: Wen-Yeu Wang

Publisher: Springer Science & Business Media

ISBN: 3319034553

Category: Law

Page: 374

View: 9270

No aspect of legal formalism has interested comparative jurists as much as the extent of legislative codification across legal systems. This book looks at codification from a broad, international perspective, discussing general themes as well as various legal fields. The first of two volumes on this subject begins with a general theoretical and historical view of codification, followed by a series of other horizontal inquiries. It encompasses papers focusing on several significant contemporary issues in codification, including "codification of private law in post-soviet times", "criminal law codification beyond the nation state" and "soft codification of private law". In addition, this volume consists of general reports and national reports on administrative procedure and human rights, providing a comparative analysis of codification of law. This book is developed from papers presented at the 2012 Thematic Congress of the International Academy of Comparative Law.
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Consumer Credit, Debt and Investment in Europe

Author: James Devenney,Mel Kenny

Publisher: Cambridge University Press

ISBN: 1139536559

Category: Law

Page: N.A

View: 4249

Produced under the auspices of an EU-funded Marie Curie research programme, this volume analyses vulnerability in European private law and scrutinises consumer protection in credit and investments in the context of the recent turmoil in financial markets and EU harmonisation initiatives in the area. It explores key issues such as responsible lending, the disclosure of information, consumer confidence, the regulation of consumer investment services and the protection of bank depositors. The chapters emanate from the 'Consumer Protection in Europe: Theory and Practice' duo colloquium which explored consumer protection in Europe in its theoretical and practical dimensions. These topics are even more relevant today given the passage of the Consumer Rights Directive, the appointment of an Expert Group on a common frame of reference, the Green Paper on European Contract Law and the ongoing deliberations surrounding the Common European Sales Law.
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Commercial Contract Law

Transatlantic Perspectives

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107028086

Category: Law

Page: 594

View: 7384

This book focuses on the law of commercial contracts as constructed by the U.S. and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach, and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law. Such a comparative analysis provides a basis for future developments and improvements of commercial contract law in both countries, as well as other countries that are members of the common law systems. At the same time, insights gathered here should also be of interest to scholars and practitioners of the civil law tradition.
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Pluralism and European Private Law

Author: Leone Niglia

Publisher: Bloomsbury Publishing

ISBN: 1782250638

Category: Law

Page: 294

View: 5344

European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
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Der Entwurf für ein optionales europäisches Kaufrecht

Author: Hans Schulte-Nölke,Fryderyk Zoll,Nils Jansen,Reiner Schulze

Publisher: Walter de Gruyter

ISBN: 3866539576

Category: Law

Page: 432

View: 1823

Governments, or at least the clever ones among them, are aware of the factors guiding business activities. In the course of adopting and enforcing economic legislation, they seek to attract business activities in order to increase national income (and fiscal revenues), generate employment opportunities and,very generally, please voters. Hence economic law may be considered an economic good, as suggested by the title of this book. That function, which most rules of economic law have in the competition of systems, was strengthened by the worldwide liberalization of trade. Today, it is of greater significance than ever before. Lawyers and economists, academics and practitioners from inside and outside Germany have taken a look at the facts and discussed approaches to conceptualizing them. The resulting thirty essays collected in this volume contribute to the interpretation of existing, and the making of new, economic law.
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The Transformation of European Private Law

Harmonisation, Consolidation, Codification or Chaos?

Author: James Devenney,Mel Kenny

Publisher: Cambridge University Press

ISBN: 1107470986

Category: Law

Page: 352

View: 4921

This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.
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Casebook on Contract Law

Author: Jill Poole

Publisher: Oxford University Press, USA

ISBN: 0199687234

Category: Law

Page: 782

View: 9179

Jill Poole's bestselling Casebook on Contract Law provides students with a comprehensive selection of case law which addresses all aspects of the subject encountered on undergraduate courses. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. The cases can either be analyzed and discussed independently or, taken as a whole, the cases form chapters that provide a sound understanding of the modern law of contract. The casebook is fully supported by an Online Resource Centre, which provides: Exercises and guidance on reading cases Guidance on answering questions in contract law Self-test questions and answers
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The Constitutional Foundations of European Contract Law

A Comparative Analysis

Author: Kathleen Gutman

Publisher: Oxford University Press

ISBN: 0199698309

Category: Law

Page: 500

View: 1790

Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
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Textbook on Contract Law

Author: Jill Poole

Publisher: Oxford University Press, USA

ISBN: 0199687226

Category: Law

Page: 636

View: 7085

Now in its 12th edition, Jill Poole's immensely popular Textbook on Contract Law has been guiding students through contract law for many years. The accessible writing style and focus on key principles and developments in contract law make this text a favourite with students and lecturers alike. The author places the law of contract clearly within its wider context before proceeding to provide a detailed yet accessible treatment of all the key areas encountered when studying contract law.Key features: * Each chapter begins with a summary of key issues, providing an overview of key themes and points of law, and concludes with suggestions for further reading, guiding you towards the most relevant texts and articles * Key points, illustrative examples and questions encourage a deeper understanding of the central facts and issues * Headings, case summaries and case extract boxes allow for easy navigation through the text Online Resource Centre Fully supported byan Online Resource Centre which provides: Student Resources * Regular updates on new legislation, cases, and other important developments * Guidance on answering questions in contract law * Self-test questions and answers linked with Casebook on Contract Law Lecturer Resources * A test bank of 300 multiple choice questions with answers and feedback
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European Consumer Protection

Theory and Practice

Author: James Devenney,Mel Kenny

Publisher: Cambridge University Press

ISBN: 1107013011

Category: Law

Page: 462

View: 9911

This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.
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Performance-Oriented Remedies in European Sale of Goods Law

Author: Vanessa Mak

Publisher: Bloomsbury Publishing

ISBN: 1847314805

Category: Law

Page: 244

View: 3289

Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
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Gemeinsamer europäischer Referenzrahmen für Sprachen: lernen, lehren, beurteilen

Author: John Trim,Brian North,Daniel Coste

Publisher: N.A

ISBN: 9783126065207

Category:

Page: 244

View: 318

Der Referenzrahmen richtet sich an Lehrer, Fortbilder, Autoren und Curriculumplaner in der Schule und der Erwachsenenbildung. Der Gemeinsame europäische Referenzrahmen für Sprachen stellt die gemeinsamen Referenzniveaus zur Erfassung des Lernfortschritts vor, befasst sich mit der Entwicklung von Curricula und diskutiert verschiedene Prüfungsformen.
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International Sales Law

A Global Challenge

Author: Larry A. DiMatteo

Publisher: Cambridge University Press

ISBN: 1107782805

Category: Law

Page: N.A

View: 2887

This book brings together the top international sales law scholars from twenty-three countries to review the Convention on Contracts for International Sale of Goods (CISG) and its role in the unification of global sales law. It reviews the substance of CISG rules and analyzes alternative interpretations. A comparative analysis is given of how countries have accepted, interpreted, and applied the CISG. Theoretical insights are offered into the problems of uniform laws, the CISG's role in bridging the gap between the common and civil legal traditions, and the debate over good faith in CISG jurisprudence. The book reviews case law relating to the interpretation and application of the provisions of the CISG; analyzes how it has been recognized and implemented by national courts and arbitral tribunals; offers insights into problems of uniformity of application of an international sales convention; compares the CISG with the English Sale of Goods Act and places it in the context of other texts of UNCITRAL; and analyzes the CISG from the practitioner's perspective.
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