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Author: Stefan Leible
Publisher:
ISBN: 9789041125880
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
General provisions / S. Leible -- Formation / P. Mankowski & M. Muller -- Authority of agents / M. Lehmann -- Validity / T. Ackermann & J.-U. Franck -- Interpretation / M. Lehmann & S. Gohling -- Contents and effects / H. Unberath -- Performance / M. Schmidt-Kessel & S. Singleton -- Non-performance and remedies in general / B. Gsell -- Particular remedies for non-performance / T.W. Dornis -- Plurality of parties / M. Gebauer -- Assignment of claims / R. Feitag -- Substitution of new debtor: transfer of contract/transfer of contractual position / S. Leible -- Set-off / D. Looschelders & M. Makowsky -- Prescription / A. Piekenbrock -- Illegality / M. Lehmann -- Conditions / M. Lehmann & S. Gohling -- Capitalisation of interest / M. Lehmann.
Author: Stefan Leible
Publisher:
ISBN: 9789041125880
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
General provisions / S. Leible -- Formation / P. Mankowski & M. Muller -- Authority of agents / M. Lehmann -- Validity / T. Ackermann & J.-U. Franck -- Interpretation / M. Lehmann & S. Gohling -- Contents and effects / H. Unberath -- Performance / M. Schmidt-Kessel & S. Singleton -- Non-performance and remedies in general / B. Gsell -- Particular remedies for non-performance / T.W. Dornis -- Plurality of parties / M. Gebauer -- Assignment of claims / R. Feitag -- Substitution of new debtor: transfer of contract/transfer of contractual position / S. Leible -- Set-off / D. Looschelders & M. Makowsky -- Prescription / A. Piekenbrock -- Illegality / M. Lehmann -- Conditions / M. Lehmann & S. Gohling -- Capitalisation of interest / M. Lehmann.
Author: Hein Kötz
Publisher: Oxford University Press
ISBN: 0198800045
Category : Law
Languages : en
Pages : 401
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Book Description
This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Author: Commission on European Contract Law
Publisher: Kluwer Law International B.V.
ISBN: 9041119612
Category : Law
Languages : en
Pages : 330
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Book Description
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.
Author: Gerhard Dannemann
Publisher: OUP Oxford
ISBN: 0191668184
Category : Law
Languages : en
Pages : 1149
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Book Description
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.
Author: Bénédicte Fauvarque-Cosson
Publisher: Walter de Gruyter
ISBN: 3866537255
Category : Law
Languages : en
Pages : 649
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Book Description
The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Author: Chantal Mak
Publisher: Kluwer Law International B.V.
ISBN: 9041126716
Category : Law
Languages : en
Pages : 399
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Book Description
Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
Author: Nils Jansen
Publisher: Oxford University Press
ISBN: 0192508016
Category : Law
Languages : en
Pages : 3650
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Book Description
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.
Author: OLE Lando
Publisher: Martinus Nijhoff Publishers
ISBN: 9004633421
Category : Law
Languages : en
Pages : 609
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Book Description
Author: Stefan Grundmann
Publisher: Kluwer Law International B.V.
ISBN: 9041125302
Category : Law
Languages : de
Pages : 394
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Book Description
The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential andarchitectureand of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookands commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Author: Reiner Schulze
Publisher: Beck/Hart/Nomos
ISBN: 1509941800
Category : Law
Languages : en
Pages : 0
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Book Description
This revised and updated 3rd edition provides fundamental information about core EU legislation, court decisions, and academic projects.
