Dispute Avoidance And European Contract Law

Download Dispute Avoidance And European Contract Law full books in PDF, epub, and Kindle. Read online Dispute Avoidance And European Contract Law ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Dispute Avoidance and European Contract Law

Author : Martin J. Doris
Publisher : ISBS
ISBN 13 : 9789076871905
Total Pages : 288 pages
Book Rating : 4.8/5 (719 download)

DOWNLOAD NOW!

Book Synopsis Dispute Avoidance and European Contract Law by : Martin J. Doris

Download or read book Dispute Avoidance and European Contract Law written by Martin J. Doris and published by ISBS. This book was released on 2008 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since early 2000, European institutions have politically prioritized the need for greater coherence and uniformity in European private law. Contract law, in particular, has remained center stage. Concerns - that the functioning of the Community's internal market has been hampered by divergence in Member States' national contract rules, and that both business and consumers are dissuaded from contracting cross-border - have prompted a series of landmark Communications and an Action Plan. Most recently, there has been full institutional support for the delivery of a decidedly cryptic 'Common Frame of Reference, ' comprised of general principles, model rules, and uniform legal terminology. Despite a lack of convincing empirical data in support of the convergence thesis, a diminished business interest has in part allowed the proponents of a comprehensive codification of private law to set the political and academic agenda. Yet this clamor for codification has in many respects overlooked the mechanics of commercial contracting in particular, the importance of contract drafting, and the complex negotiations that lead to deals both domestically and cross border. This book therefore engages with two 'holy grails' of modern contract scholarship - the appropriate design of EC contract rules and judicial treatment of preliminary incomplete bargains. In so doing, the study reveals the weakness of existing soft law initiatives and framework codes in capturing the degree of specificity and complexity in the field. Instead, the case is made for a viable methodology of dispute avoidance aimed at re-conceptualizing and re-orientating the harmonization effort

Dealing with Divergence Dispute Avoidance and Detrimental Reliance in European Contract Law

Author : Martin Doris
Publisher :
ISBN 13 :
Total Pages : 254 pages
Book Rating : 4.:/5 (535 download)

DOWNLOAD NOW!

Book Synopsis Dealing with Divergence Dispute Avoidance and Detrimental Reliance in European Contract Law by : Martin Doris

Download or read book Dealing with Divergence Dispute Avoidance and Detrimental Reliance in European Contract Law written by Martin Doris and published by . This book was released on 2007 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Competition in Contract Law and Dispute Resolution

Author : Horst Eidenmüller
Publisher : Bloomsbury Publishing
ISBN 13 : 1782251219
Total Pages : 524 pages
Book Rating : 4.7/5 (822 download)

DOWNLOAD NOW!

Book Synopsis Regulatory Competition in Contract Law and Dispute Resolution by : Horst Eidenmüller

Download or read book Regulatory Competition in Contract Law and Dispute Resolution written by Horst Eidenmüller and published by Bloomsbury Publishing. This book was released on 2013-08-01 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many regions of the world and across various fields, law has become a product. Individuals and companies seek attractive legal regulations and countries advertise their legal wares globally as they compete for customers. To analyse this development and to develop policy recommendations with respect to contract law and dispute resolution a conference was held in Munich in October 2011, bringing together leading scholars in the field of contract law and dispute resolution from the US and Europe. This book presents the papers and main comments produced for that conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterisation of contract law and the English and American civil procedural traditions.

The Principles of European Contract Law

Author : OLE Lando
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633421
Total Pages : 609 pages
Book Rating : 4.0/5 (46 download)

DOWNLOAD NOW!

Book Synopsis The Principles of European Contract Law by : OLE Lando

Download or read book The Principles of European Contract Law written by OLE Lando and published by Martinus Nijhoff Publishers. This book was released on 2023-09-29 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamental Rights in European Contract Law

Author : Chantal Mak
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041126716
Total Pages : 399 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis Fundamental Rights in European Contract Law by : Chantal Mak

Download or read book Fundamental Rights in European Contract Law written by Chantal Mak and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Institutional Competition between Optional Codes in European Contract Law

Author : Alexander J. Wulf
Publisher : Springer
ISBN 13 : 3658058013
Total Pages : 326 pages
Book Rating : 4.6/5 (58 download)

DOWNLOAD NOW!

Book Synopsis Institutional Competition between Optional Codes in European Contract Law by : Alexander J. Wulf

Download or read book Institutional Competition between Optional Codes in European Contract Law written by Alexander J. Wulf and published by Springer. This book was released on 2014-05-14 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Commission of the European Union has identified divergences between the national contract laws of the Member States as an obstacle to the completion of the European Internal Market and put this issue on its highest political agenda. Alexander J. Wulf analyses and predicts the effects. The study is situated in the context of the recent developments in the discussion on European contract law. The book begins with an introduction to the economic and legal theories that serve as the rationale for the development of the line of argument. These theories are then applied to the issues involved in the current controversy on European contract law. The author develops a model that he uses to analyze the institutional processes of European contract law. Empirical data are employed to test this model and discuss the results. From his analysis the author develops criteria that can serve as a starting point for thinking about the economic desirability of an optional European contract law.

Principles of European Contract Law

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041119612
Total Pages : 330 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

European Contract Law

Author : Hein Kötz
Publisher : Oxford University Press
ISBN 13 : 0198800045
Total Pages : 401 pages
Book Rating : 4.1/5 (988 download)

DOWNLOAD NOW!

Book Synopsis European Contract Law by : Hein Kötz

Download or read book European Contract Law written by Hein Kötz and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mistake, Fraud and Duties to Inform in European Contract Law

Author : Ruth Sefton-Green
Publisher : Cambridge University Press
ISBN 13 : 1139442961
Total Pages : 462 pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis Mistake, Fraud and Duties to Inform in European Contract Law by : Ruth Sefton-Green

Download or read book Mistake, Fraud and Duties to Inform in European Contract Law written by Ruth Sefton-Green and published by Cambridge University Press. This book was released on 2005-02-10 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of European Contract Law and Italian Law

Author : Luisa Antoniolli
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123725
Total Pages : 522 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis Principles of European Contract Law and Italian Law by : Luisa Antoniolli

Download or read book Principles of European Contract Law and Italian Law written by Luisa Antoniolli and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2

Towards a European Contract Law

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866539541
Total Pages : 295 pages
Book Rating : 4.8/5 (665 download)

DOWNLOAD NOW!

Book Synopsis Towards a European Contract Law by : Reiner Schulze

Download or read book Towards a European Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2011-08-29 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508008
Total Pages : 2379 pages
Book Rating : 4.1/5 (925 download)

DOWNLOAD NOW!

Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-12 with total page 2379 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Principles of European Contract Law (Part III) and Dutch Law

Author : Harriët N. Schelhaas
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124950
Total Pages : 306 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis The Principles of European Contract Law (Part III) and Dutch Law by : Harriët N. Schelhaas

Download or read book The Principles of European Contract Law (Part III) and Dutch Law written by Harriët N. Schelhaas and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Principles of European Contract Law

Author : Commission on European Contract Law
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041113053
Total Pages : 612 pages
Book Rating : 4.0/5 (411 download)

DOWNLOAD NOW!

Book Synopsis Principles of European Contract Law by : Commission on European Contract Law

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulatory Competition in Contract Law and Dispute Resolution

Author : Horst Eidenmüller
Publisher : Philip's
ISBN 13 : 9783832972684
Total Pages : 511 pages
Book Rating : 4.9/5 (726 download)

DOWNLOAD NOW!

Book Synopsis Regulatory Competition in Contract Law and Dispute Resolution by : Horst Eidenmüller

Download or read book Regulatory Competition in Contract Law and Dispute Resolution written by Horst Eidenmüller and published by Philip's. This book was released on 2013 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many regions of the world and across various fields, the law has become a 'product.' Individuals and companies seek attractive legal regulations, while countries advertise their legal wares globally as they compete for customers. To analyze this development and to develop policy recommendations with respect to contract law and dispute resolution, a conference was held in Munich in October 2011, bringing together leading scholars from the US and Europe. This book contains the papers and main comments produced for the conference. The chapters include important papers on, inter alia, law and economic theory, legal transplants, theories of private law, choice of law, the characterization of contract law, and the US and English civil procedural traditions. The book is an important and useful study for an area of growing importance.

European Contract Law and the Digital Single Market

Author : Alberto De Franceschi
Publisher :
ISBN 13 : 9781780684222
Total Pages : 0 pages
Book Rating : 4.6/5 (842 download)

DOWNLOAD NOW!

Book Synopsis European Contract Law and the Digital Single Market by : Alberto De Franceschi

Download or read book European Contract Law and the Digital Single Market written by Alberto De Franceschi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.

Mediation and Commercial Contract Law

Author : Maryam Salehijam
Publisher : Routledge
ISBN 13 : 1000262464
Total Pages : 155 pages
Book Rating : 4.0/5 (2 download)

DOWNLOAD NOW!

Book Synopsis Mediation and Commercial Contract Law by : Maryam Salehijam

Download or read book Mediation and Commercial Contract Law written by Maryam Salehijam and published by Routledge. This book was released on 2020-12-10 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.