The Politics Of The Draft Common Frame Of Reference

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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.

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.

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.

A Factual Assessment of the Draft Common Frame of Reference

Author : Luisa Anatoniolli
Publisher : Walter de Gruyter
ISBN 13 : 3866538693
Total Pages : 495 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis A Factual Assessment of the Draft Common Frame of Reference by : Luisa Anatoniolli

Download or read book A Factual Assessment of the Draft Common Frame of Reference written by Luisa Anatoniolli and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.

The Draft Common Frame of Reference

Author : Vincent Sagaert
Publisher :
ISBN 13 : 9789400002166
Total Pages : 0 pages
Book Rating : 4.0/5 (21 download)

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Book Synopsis The Draft Common Frame of Reference by : Vincent Sagaert

Download or read book The Draft Common Frame of Reference written by Vincent Sagaert and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is the result of more than 25 years of academic research on European private law. The final academic version of the DCFR was published in October 2009, and currently the European Commission is undertaking a selection process in order to determine which parts of the DCFR will be included in a 'political' CFR. Against this background, this book presents and critically analyzes the DCFR and situates it in relation to current Belgian law. (Series: Ius Commune Europaeum - Vol. 99)

Principles of European Insurance Contract Law (PEICL)

Author : Project Group Restatement of European Insurance Contract Law
Publisher : sellier. european law publ.
ISBN 13 : 3866530692
Total Pages : 737 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles of European Insurance Contract Law (PEICL) by : Project Group Restatement of European Insurance Contract Law

Download or read book Principles of European Insurance Contract Law (PEICL) written by Project Group Restatement of European Insurance Contract Law and published by sellier. european law publ.. This book was released on 2009 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

Vitiation of Contracts

Author : Gareth Spark
Publisher : Cambridge University Press
ISBN 13 : 1139620452
Total Pages : pages
Book Rating : 4.1/5 (396 download)

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Book Synopsis Vitiation of Contracts by : Gareth Spark

Download or read book Vitiation of Contracts written by Gareth Spark and published by Cambridge University Press. This book was released on 2013-01-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Contract Interpretation in Investment Treaty Arbitration

Author : Yuliya Chernykh
Publisher : BRILL
ISBN 13 : 9004414703
Total Pages : 629 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Contract Interpretation in Investment Treaty Arbitration by : Yuliya Chernykh

Download or read book Contract Interpretation in Investment Treaty Arbitration written by Yuliya Chernykh and published by BRILL. This book was released on 2022-01-17 with total page 629 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.

Common Frame of Reference and Existing EC Contract Law

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866538006
Total Pages : 369 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Common Frame of Reference and Existing EC Contract Law by : Reiner Schulze

Download or read book Common Frame of Reference and Existing EC Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.

European Private Law After the Common Frame of Reference

Author : Hans W. Micklitz
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805393
Total Pages : 279 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis European Private Law After the Common Frame of Reference by : Hans W. Micklitz

Download or read book European Private Law After the Common Frame of Reference written by Hans W. Micklitz and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.

Law and Economics of Possession

Author : Yun-chien Chang
Publisher : Cambridge University Press
ISBN 13 : 1316033384
Total Pages : 561 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Law and Economics of Possession by : Yun-chien Chang

Download or read book Law and Economics of Possession written by Yun-chien Chang and published by Cambridge University Press. This book was released on 2015-05-21 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Possession is a key concept in both the common and civil law, but it has hitherto received little scrutiny. Law and Economics of Possession uses insights from economics, psychology and history to analyse possession in law, compare and contrast possession with ownership, break down the elements of possession as a fact and as a right, challenge the adage that 'possession is 9/10 of the law', examine possession as notice, explain the heuristics of possession, debunk the behavioural studies which confuse possession with ownership, explore the LightSquared dispute from the perspective of 'possession' of spectrum frequency and provide new insights to old questions such as first possession, adverse possession and property jurisdiction. The authors include leading property scholars, who examine possession laws in, among others, the USA, UK, China, Taiwan, Japan, Germany, France, Israel, the Netherlands, Spain, Portugal, Italy and Austria.

Commercial Agency, Franchise and Distribution Contracts

Author : Martijn W. Hesselink
Publisher : Walter de Gruyter
ISBN 13 : 3866537077
Total Pages : 414 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Commercial Agency, Franchise and Distribution Contracts by : Martijn W. Hesselink

Download or read book Commercial Agency, Franchise and Distribution Contracts written by Martijn W. Hesselink and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.

The Common Frame of Reference

Author : Gerhard Wagner
Publisher : sellier. european law publ.
ISBN 13 : 3866531109
Total Pages : 289 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Common Frame of Reference by : Gerhard Wagner

Download or read book The Common Frame of Reference written by Gerhard Wagner and published by sellier. european law publ.. This book was released on 2009 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: Contract remedies from the incentive perspective. -- Remedies for breach of contract in the DCFR. -- Beyond expectation?- An assesment of the DCFR rule on contratual damages. -- The right to specific performance under the DCFR. -- Long-term contracts and the DCFR. Interpretation and adjustment. --Consumer law in the DCFR. -- Non-discrimination in the DCFR. -- The law of torts in the DCFR.

Cases, Materials and Text on Contract Law

Author : Hugh Beale
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912576
Total Pages : 1515 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Cases, Materials and Text on Contract Law by : Hugh Beale

Download or read book Cases, Materials and Text on Contract Law written by Hugh Beale and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 1515 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

European Consumer Protection

Author : James Devenney
Publisher : Cambridge University Press
ISBN 13 : 1107013011
Total Pages : 475 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Consumer Protection by : James Devenney

Download or read book European Consumer Protection written by James Devenney and published by Cambridge University Press. This book was released on 2012-04-05 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: This topical volume provides detailed analyses of European consumer protection law in both its theoretical and practical dimensions. Part I casts a critical light over consumer protection strategies and mechanisms in the EU, Part II critically explores responses to vulnerability and Part III contextualises aspects of European consumer protection law.

European contract law

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
ISBN 13 : 9780108444364
Total Pages : 72 pages
Book Rating : 4.4/5 (443 download)

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Book Synopsis European contract law by : Great Britain: Parliament: House of Lords: European Union Committee

Download or read book European contract law written by Great Britain: Parliament: House of Lords: European Union Committee and published by The Stationery Office. This book was released on 2009-06-10 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt: This particular report from the European Union Committee (HLP 95, ISBN 9780108444364) considers the proposal for a Draft Common Frame of Reference in respect of European contract law. The Draft contains principles, definitions and model rules in the form of a code covering wide areas of Civil Law. The Committee notes some significant issues relating to the general approach the Draft adopts, along with differences between the model rules set out in the Draft and the provisions of English common law. The Committee remains opposed to a harmonised code of European contract law and does not believe the European Commission has a useful role in promoting or developing an alternative set of contractual terms for use by contracting parties. It believes one way forward may be for the Commission to identify particular key areas that give difficulty under existing Community law or are likely to require legislative intervention. The Committee recognises the value of the Draft as an academic work by presenting useful material for discussion and can act as an aid to the mutual understanding of the diverse legal systems represented in the European Union.