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Legal Pluralism In European Contract Law
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Book Synopsis Legal Pluralism in European Contract Law by : Vanessa Mak
Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press, USA. This book was released on 2020-09-10 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.
Book Synopsis Pluralism and European Private Law by : Leone Niglia
Download or read book Pluralism and European Private Law written by Leone Niglia and published by Bloomsbury Publishing. This book was released on 2013-01-29 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: European private law has hitherto tended to be conceptualised firmly around ideas of unity and harmony. Yet the discourse within other areas of European law, notably constitutional law scholarship, visibly adopts pluralist perspectives. This book seeks to bridge the gap between 'public' and 'private' law by looking at European private law from various pluralist positions and by investigating old and new ways in which to understand legal pluralism in general. It fills a gap in the wide literature on legal pluralism, as the first book entirely dedicated to offering an insight into legal pluralism from the vantage point of the private law domain. The book addresses critically issues such as what pluralism really means in private law and what conceptions of pluralism it embodies, including discussion about the outer boundaries of any of the pluralist understandings. Contributions address comparative, critical, historical, theoretical and normative aspects. The book provides an opportunity to engage innovatively with problematic conceptual issues which inform the work of European private law scholars, including the debate on the Common Frame of Reference Poject of the European Commision.
Book Synopsis Research Handbook on Legal Pluralism and EU Law by : Gareth Davies
Download or read book Research Handbook on Legal Pluralism and EU Law written by Gareth Davies and published by Edward Elgar Publishing. This book was released on 2018 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Legal Pluralism and EU Law explores the diversity of phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.
Book Synopsis The Emergence of EU Contract Law by : Lucinda Miller
Download or read book The Emergence of EU Contract Law written by Lucinda Miller and published by OUP Oxford. This book was released on 2011-09-22 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.
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)
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 2003-03-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Social Contract Law and European Integration by : Thomas Wilhelmsson
Download or read book Social Contract Law and European Integration written by Thomas Wilhelmsson and published by Dartmouth Publishing Company. This book was released on 1995 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work acknowledges two perspectives on the development of contract law: welfarist aspects of contract law; and harmonization in terms of international trade. Broadly, the book concentrates on the social contract areas, and not on international trade.
Book Synopsis New Features in Contract Law by : Reiner Schulze
Download or read book New Features in Contract Law written by Reiner Schulze and published by sellier. european law publ.. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.
Book Synopsis Legal Pluralism in European Contract Law by : Vanessa Mak
Download or read book Legal Pluralism in European Contract Law written by Vanessa Mak and published by Oxford University Press. This book was released on 2020-09-11 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relevance of contracting and self-regulation in consumer markets has increased rapidly in recent years, in particular in the platform economy. Online platforms provide opportunities for businesses and consumers to connect with strangers, often across borders, trading products, and services. In this new economy, platform operators create, apply and enforce their own rules in their contractual relationships with users. This book examines the substance of these rules and the space for private governance beyond the reach of state regulation. Vanessa Mak explores recent developments in lawmaking 'beyond the state' with case studies focusing on companies such as Airbnb and Amazon. The book asks how common values and objectives of EU law, such as consumer protection and contractual fairness, can be safeguarded when lawmaking shifts to a space outside the reach of state law.
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.
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.
Book Synopsis The European Union under Transnational Law by : Matej Avbelj
Download or read book The European Union under Transnational Law written by Matej Avbelj and published by Bloomsbury Publishing. This book was released on 2018-01-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: For almost a decade the European Union has been stuck in a permanent crisis. Starting with domestic constitutional crises, followed by an imported financial crisis, it has evolved into a fully formed political crisis. This book argues that none of the crises are exclusively internal to the EU and the responses to date, which have taken inward looking approaches, are simply inadequate. Resolution can only come when the EU engages more fully with transnational law. This highly topical book offers an innovative dual focus on both transnational and EU law together. It sets out the relationship between the two frameworks by exploring practical concrete problems that transnational law has posed to the EU. These problems are explored from the perspective of four key tenets of both systems, namely the rule of law, democracy, the protection of human rights, and justice. It does this by advancing the theoretical framework of principled legal pluralism. In so doing it offers clear normative guidance as to how the relationship between EU and transnational law should be developed and fostered.
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.
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.
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:
Book Synopsis The Making of European Private Law by : J. M. Smits
Download or read book The Making of European Private Law written by J. M. Smits and published by Intersentia nv. This book was released on 2002 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private law of the Member States of the European Union has become more and more 'European'. The fact that the European Union is making ever more use of directives as an instrument to achieve private law goals, is, in this context, not the most important development. Of much more substance is the fact that one increasingly realises that a uniform European private law has to be created, in one way or another, in the near future, if a truly common European market is to function at all. Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.). In addition, the author aims at making a contribution to the debate by suggesting that the experience (good or bad) of the so-called 'mixed legal systems' is of great importance to the European private law venture and to the development of a uniform private law for Europe. This idea is supported by insights from Law & Economics and illustrated by South African law in particular. This idea of 'European private law as a mixed legal system' is then applied to the law of contracts, torts and property. This book takes up the challenge to give a critical examination on the various methods of creating this ius commune. A detailed table of contents, list of abbreviations, bibliography, table of cases and index complete the book and make it a valuable study for everyone interested in European private law.
Book Synopsis The Principles of European Contract Law, Parts I - III Student Edition by : Ole Lando
Download or read book The Principles of European Contract Law, Parts I - III Student Edition written by Ole Lando and published by Kluwer Law International. This book was released on 2019-03-28 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Principles of European Contract Law provides the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. The Principles 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 organisations. 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. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested."
Book Synopsis Justifying Contract in Europe by : Martijn Willem Hesselink
Download or read book Justifying Contract in Europe written by Martijn Willem Hesselink and published by Oxford University Press. This book was released on 2021 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
