Unexpected Circumstances in European Contract Law

Author: Ewoud Hondius,Christoph Grigoleit

Publisher: Cambridge University Press

ISBN: 1139501151

Category: Law

Page: N.A

View: 4829

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
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A Factual Assessment of the Draft Common Frame of Reference

Author: Luisa Anatoniolli,Francesca Fiorentini

Publisher: Walter de Gruyter

ISBN: 3866538693

Category: Law

Page: 494

View: 7271

This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
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Contract Law

An Introduction to the English Law of Contract for the Civil Lawyer

Author: John Cartwright

Publisher: A&C Black

ISBN: 1782251960

Category: Law

Page: 362

View: 9696

This book gives an introduction to the English law of contract. In this new and fully updated edition the book retains the primary focus of the first edition: it is designed to introduce the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer-whether student or practitioner-from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, setting English contract law generally in the context of other European and international approaches, the book forms an introductory text for the English student, who can see not only how English contract law works but also get a glimpse of different ways of thinking about some of the fundamental rules of contract law. After a general introduction to the common law system-how a common lawyer reasons and finds the law-the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.
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Transfer of Immovables in European Private Law

Author: Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi

Publisher: Cambridge University Press

ISBN: 1107187095

Category: Law

Page: 386

View: 2330

This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
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Good Faith in European Contract Law

Author: Reinhard Zimmermann,Simon Whittaker

Publisher: Cambridge University Press

ISBN: 9780521771900

Category: Law

Page: 720

View: 5684

For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalised or even rejected. This book surveys the use or neglect of good faith.
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The common core of European private law

Author: Mauro Bussani,Ugo Mattei

Publisher: Kluwer Law Intl

ISBN: 9789041118523

Category: Law

Page: 231

View: 3110

European private law is in the making. Many scholarly and official projects tackle the many issues that are open in the path of the unfolding of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are today in the landscape of European Private Law as the 'Common Core of European Private Law Project', launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of Contracts, Property and Torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.
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Causation in European Tort Law

Author: Marta Infantino,Eleni Zervogianni

Publisher: Cambridge University Press

ISBN: 1108418368

Category: Law

Page: N.A

View: 6325

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
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Common Core, Pecl and Dcfr: Could They Change Shipping and Transport Law?

Author: Wouter Verheyen,Marian A. I. H. Hoeks,Frank G. M. Smeele

Publisher: Intersentia

ISBN: 9781780683324

Category: Law

Page: 222

View: 7415

The international character of shipping and transport has always been a great incubator for harmonization of law. There has been an increased interest within the EU on the harmonization of general private law, with different harmonization instruments coming into existence, such as common core, the Principles of European Contract Law (PECL), and the Draft of a Common Frame of Reference (DCFR). Even though both shipping and transport law and these harmonization instruments aim to further harmonize private law, the potential interplay between them has never been examined thoroughly in doctrine. In this book, the possible impact of these private law harmonization instruments on shipping and transport law is assessed. The book investigates whether harmonization instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current instruments or a future European private law could change (inter)- national shipping and transport law. This cross-fertilization between shipping law and harmonization instruments makes this book not only valuable for shipping lawyers, but also for anyone interested in the harmonization of private law. (Series: Ius Commune Europaeum - Vol. 136) [Subject: European Law, Private Law, Shipping Law, Transportation Law]
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Principles, Definitions and Model Rules of European Private Law

Draft Common Frame of Reference (DCFR)

Author: Study Group on a European Civil Code,Research Group on the Existing EC Private Law

Publisher: sellier. european law publ.

ISBN: 3866530978

Category: Law

Page: 642

View: 7041

The Draft of a Common Frame of Reference (DCFR) is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.
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Interpretation of Contracts

Author: Catherine Mitchell

Publisher: Routledge

ISBN: 1134061714

Category: Law

Page: 176

View: 4740

In this volume Mitchell examines case law, academic debate and the resurgence of interest in formalist contract interpretation in the US to explore the meaning of contextual interpretation, arguments for and against it and suggestions on how parties may influence the interpretation methods applied to their agreement. Identifying controversial issues, arguments and analyzing possible future developments, this book addresses a range of questions, including: How far should it be possible for courts, through the process of interpretation, to control the bargain made between parties? Are judges applying the principles of interpretation in the same way? What is the relevant context of an agreement? Should contracting parties be able to opt out of a particular interpretative approach by use of mechanisms such as entire agreement clauses? Short and concise, this is a useful reference tool for those interested in contract and tort law.
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Opening up European law

the Common Core Project towards Eastern and South Eastern Europe

Author: Mauro Bussani,Ugo Mattei

Publisher: Sellier European Law Pub

ISBN: 9783866530225

Category: Law

Page: 283

View: 564

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The European Book in the Twelfth Century

Author: Erik Kwakkel,Rodney Thomson

Publisher: Cambridge University Press

ISBN: 1107136989

Category: History

Page: 384

View: 3731

The first comprehensive study of the European book in the historical period known as the 'long twelfth century' (1075-1225).
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Personality Rights in European Tort Law

Author: Gert Brüggemeier,Aurelia Colombi Ciacchi,Patrick O'Callaghan

Publisher: Cambridge University Press

ISBN: 113948429X

Category: Law

Page: N.A

View: 6335

This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
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Security Rights in Movable Property in European Private Law

Author: Eva-Maria Kieninger

Publisher: Cambridge University Press

ISBN: 9781139454759

Category: Law

Page: N.A

View: 2520

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
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Mistake, Fraud and Duties to Inform in European Contract Law

Author: Ruth Sefton-Green

Publisher: Cambridge University Press

ISBN: 9781139442961

Category: Law

Page: N.A

View: 7655

This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.
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European Condominium Law

Author: Cornelius Van Der Merwe

Publisher: Cambridge University Press

ISBN: 1107093899

Category: Law

Page: 690

View: 6227

The first comprehensive comparative treatment in English of condominium (apartment ownership, commonhold) law in the 21 most important European jurisdictions.
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Pure Economic Loss in Europe

Author: Mauro Bussani,Vernon Valentine Palmer

Publisher: Cambridge University Press

ISBN: 9781139438629

Category: Law

Page: N.A

View: 3542

Pure economic loss is one of the most discussed and controversial legal issues in Europe today, raising complex questions which affect the law of tort and contract. How far can tort liability expand without imposing excessive burdens upon individual activity? Should the recovery of pure economic loss be the domain principally of the law of contract? And is there a common core of principles, policies and rules governing tortious liability for pure economic loss in Europe? Originally published in 2003, this is a comprehensive study of the subject, using a fact-based comparative method and in-depth research into the laws of thirteen European countries. Following a historical and analytical introduction to economic loss, experts from most European countries consider how their national systems would deal with the same practical problem, highlighting similarities and differences in a range of comprehensive issues. This is the third publication of the Common Core of European Private Law.
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