Good Faith in European Contract Law

Author: Reinhard Zimmermann,Simon Whittaker

Publisher: Cambridge University Press

ISBN: 9780521771900

Category: Law

Page: 720

View: 8981

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 Foundations of European Private Law

Author: Roger Brownsword,Hans W Micklitz,Leone Niglia,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1847317901

Category: Law

Page: 648

View: 4327

There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
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The Involvement of EU Law in Private Law Relationships

Author: Dorota Leczykiewicz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1782251057

Category: Law

Page: 492

View: 6682

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
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The Principles of European Contract Law and Dutch Law:A Commentary

Author: Ewoud H. Hondius,H. J. Van Kooten

Publisher: Kluwer Law International B.V.

ISBN: 9041117490

Category: Law

Page: 471

View: 3851

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.
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Precontractual Liability in European Private Law

Author: John Cartwright,Martijn Hesselink

Publisher: Cambridge University Press

ISBN: 0521516013

Category: Law

Page: 509

View: 5068

This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
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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: 4815

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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An Academic Green Paper on European Contract Law

Author: Stefan Grundmann,Julien Stuyck

Publisher: N.A

ISBN: N.A

Category: Law

Page: 432

View: 6033

The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. This is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. This work also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.
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Unexpected Circumstances in European Contract Law

Author: Ewoud Hondius,Christoph Grigoleit

Publisher: Cambridge University Press

ISBN: 1139501151

Category: Law

Page: N.A

View: 3423

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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The Concept of Equity

An Interdisciplinary Assessment

Author: Daniela Carpi

Publisher: N.A

ISBN: 9783825352844

Category: Equity

Page: 355

View: 5040

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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: 2196

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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