General Clauses And Standards In European Contract Law

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General Clauses and Standards in European Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124322
Total Pages : 238 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis General Clauses and Standards in European Contract Law by : Stefan Grundmann

Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

European Contract Law

Author : Bénédicte Fauvarque-Cosson
Publisher : Walter de Gruyter
ISBN 13 : 3866537255
Total Pages : 649 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis European Contract Law by : Bénédicte Fauvarque-Cosson

Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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)

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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

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 2250 pages
Book Rating : 4.1/5 (925 download)

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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 2018-07-13 with total page 2250 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.

Standard Contract Terms in Europe

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127844
Total Pages : 310 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Standard Contract Terms in Europe by : Hugh Collins

Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Contract II

Author :
Publisher : Walter de Gruyter
ISBN 13 : 3866538731
Total Pages : 577 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Contract II by :

Download or read book Contract II written by and published by Walter de Gruyter. This book was released on 2009-11-16 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume is the second of a series. In addition to revising those parts of the ACQP which were published in the “Contract I” volume, it presents numerous new rules, in particular on remedies for non-performance and on certain specific situations or contracts such as delivery of goods, package travel and payment services. The work is particularly aimed at enriching the current controversial debate on the way forward for European contract and consumer law stimulated by the European Commission's Proposal for a Directive on Consumer Rights. The Acquis Principles include: - General rules formulated on the basis of existing EC law - An accompanying commentary, outlining the foundations in the Acquis - Definitions of core legal terms and a glossary on terminology The Acquis Group aims to reformulate the present patchwork of directives, regulations and judgments on EC private law as a coherent Restatement, the Acquis Principles (ACQP). These Principles present the current state of EC law in a structure which allows readers to identify commonalities, contradictions and gaps in the Acquis.

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)

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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:

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)

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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.

The Architecture of European Codes and Contract Law

Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041125302
Total Pages : 394 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Architecture of European Codes and Contract Law by : Stefan Grundmann

Download or read book The Architecture of European Codes and Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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)

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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.

European Contract Law

Author : Hein Kötz
Publisher : Oxford University Press
ISBN 13 : 0192520369
Total Pages : 450 pages
Book Rating : 4.1/5 (925 download)

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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 2017-09-29 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in the light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond.

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)

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

Principles, Definitions and Model Rules of European Private Law

Author : Study Group on a European Civil Code
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft 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 in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is 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.

The Politics of the Draft Common Frame of Reference

Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041131418
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Politics of the Draft Common Frame of Reference by : Alessandro Somma

Download or read book The Politics of the Draft Common Frame of Reference written by Alessandro Somma and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays reflects both the diversity of the group's work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission's characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

Service Contracts

Author : Maurits Barendrecht
Publisher : sellier. european law publ.
ISBN 13 : 3935808410
Total Pages : 1095 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis Service Contracts by : Maurits Barendrecht

Download or read book Service Contracts written by Maurits Barendrecht and published by sellier. european law publ.. This book was released on 2007 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The "Principles of European Law" are published in co-operation with Stämpfli, Bern (Switzerland). For other co-operation-partners and for more information see www.sellier.de.

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)

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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.

Rules and Principles in European Contract Law

Author : SECOLA Conference
Publisher :
ISBN 13 : 9781780685434
Total Pages : 159 pages
Book Rating : 4.6/5 (854 download)

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Book Synopsis Rules and Principles in European Contract Law by : SECOLA Conference

Download or read book Rules and Principles in European Contract Law written by SECOLA Conference and published by . This book was released on 2014 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law. The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft ' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law