Commentaries on European Contract Laws

Commentaries on European Contract Laws

Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Author: Nils Jansen

Publisher: Oxford University Press

ISBN: 9780192508010

Category: Law

Page: 2250

View: 904

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.
Categories: Law

The Principles of European Contract Law and Dutch Law A Commentary

The Principles of European Contract Law and Dutch Law A Commentary

Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.

Author: Ewoud H. Hondius

Publisher: Kluwer Law International B.V.

ISBN: 9789041117496

Category: Law

Page: 471

View: 579

The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.
Categories: Law

Principles of European Contract Law

Principles of European Contract Law

This text provides a comprehensive guide to the principles of European contract law.

Author: Commission on European Contract Law

Publisher: Kluwer Law International B.V.

ISBN: 9789041113054

Category: Law

Page: 561

View: 878

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.
Categories: Law

European Contract Law a commentary

European Contract Law   a commentary

This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any ...

Author: Reiner Schülze

Publisher:

ISBN: 1849463654

Category: Contracts

Page: 780

View: 945

Categories: Contracts

Common European Sales Law CESL

Common European Sales Law  CESL

This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any ...

Author: Reiner Schulze

Publisher: Nomos Verlagsgesellschaft

ISBN: 3832972056

Category: Sales

Page: 780

View: 244

The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles. As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies. This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law
Categories: Sales

European Contract Law

European Contract Law

(Intersentia 2013) 155; Jansen/Zimmermann (eds), Commentaries on European Contract Laws (OUP 2018); Lorenz, Das Kaufrecht und die damit verbundenen Dienstverträge im Common European Sales Law (2012) 212 AcP 702; Research Group on the ...

Author: Reiner Schulze

Publisher: Nomos Verlag

ISBN: 9783748925736

Category: Law

Page: 312

View: 205

Den Kerngebieten des nationalen bürgerlichen und Handelsrechts liegen heute europäische Regelungen zugrunde. Das Handbuch bietet eine Gesamtdarstellung des europäischen Vertragsrechts unter Einschluss der neuesten Entwicklungen und behält dabei stets die Bedürfnisse der Praxis im Blick. Die 3. Auflage wurde umfassend überarbeitet und aktualisiert; sie geht auf die Änderungen im Vertragsrecht insbesondere infolge der Digitale Inhalte-Richtlinie, der Warenkauf-Richtlinie sowie der Plattform-Verordnung ein.
Categories: Law

Implications of Blockchain Based Smart Contracts on Contract Law

Implications of Blockchain Based Smart Contracts on Contract Law

Foundations, Commentaries, Synthesis' in Jansen N., Zimmermann R. (eds) Commentaries on European contract laws (Oxford 2018) Kleinschmidt J., 'Particular remedies for non-performance' Jansen N.

Author: Chantal Bomprezzi

Publisher: Nomos Verlag

ISBN: 9783748930068

Category: Law

Page: 266

View: 354

Dieses Werk bietet eine eingehende Analyse der wichtigsten Debatten über Blockchain-basierte intelligente Verträge und Vertragsrecht. Nach einer detaillierten Beschreibung der Technologie werden die bestehenden Regeln zu Technologie und Verträgen - von Automaten bis hin zu berechenbaren Verträgen - untersucht und auf ihre Anwendbarkeit auf Blockchain-basierte Smart Contracts überprüft. Der Schwerpunkt liegt dabei auf den Auswirkungen von Blockchain-basierten intelligenten Verträgen auf das Zustandekommen des Vertrages, die Vertragserfüllung und das anwendbare Recht sowie die Gerichtsbarkeit.
Categories: Law

Principles of European Contract Law

Principles of European Contract Law

This volume offers proposed Articles, followed by comments and information.

Author: Commission on European Contract Law

Publisher: Kluwer Law International B.V.

ISBN: 9789041119612

Category: Law

Page: 291

View: 474

This volume offers proposed Articles, followed by comments and information. Topics include: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set- off, prescription, illegality, and conditions and capitalisation of interest.
Categories: Law

The Principles of European Contract Law Part III and Dutch Law

The Principles of European Contract Law  Part III  and Dutch Law

A Commentary II Harriët N. Schelhaas Danny Busch. PREFACE. The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced, and internationally most widely noted, project on the ...

Author: Harriët N. Schelhaas

Publisher: Kluwer Law International B.V.

ISBN: 9789041124951

Category: Law

Page: 292

View: 670

The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
Categories: Law

Cases Materials and Text on Contract Law

Cases  Materials and Text on Contract Law

(2008) 4 European Review of Contract Law 225–47. Hartkamp, AS et al, Towards a European Civil Code (4th edn, Dordrecht: Kluwer International, 2011). Jansen, N and Zimmermann, R (eds), Commentaries on European Contract Laws (Oxford ...

Author: Hugh Beale

Publisher: Bloomsbury Publishing

ISBN: 9781509912582

Category: Law

Page: 1520

View: 732

This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.
Categories: Law