Good Faith in European Contract Law


Author: Simon Whittaker
Publisher: Cambridge University Press
ISBN: 9780521771900
Category: Law
Page: 720
View: 2224
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For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

The Foundations of European Private Law


Author: Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher: Bloomsbury Publishing
ISBN: 1847317901
Category: Law
Page: 648
View: 6147
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There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.

The common core of European private law


Author: Mauro Bussani,Ugo Mattei
Publisher: Kluwer Law Intl
ISBN: 9789041118523
Category: Law
Page: 231
View: 2495
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European private law is in the making. Many scholarly and official projects tackle the many issues that are open in the path of the unfolding of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are today in the landscape of European Private Law as the 'Common Core of European Private Law Project', launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of Contracts, Property and Torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.

Transfer of Immovables in European Private Law


Author: Luz M. Martínez Velencoso,Saki Bailey,Andrea Pradi
Publisher: Cambridge University Press
ISBN: 1107187095
Category: Law
Page: 386
View: 4686
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This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.

Rules and Principles in European Contract Law


Author: Jacobien Rutgers
Publisher: Intersentia
ISBN: 9781780682570
Category:
Page: 172
View: 2761
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This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]

Causation in European Tort Law


Author: Marta Infantino,Eleni Zervogianni
Publisher: Cambridge University Press
ISBN: 1108418368
Category: Law
Page: N.A
View: 4436
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This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

The Involvement of EU Law in Private Law Relationships


Author: Dorota Leczykiewicz,Stephen Weatherill
Publisher: Bloomsbury Publishing
ISBN: 1782251057
Category: Law
Page: 492
View: 6140
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The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Precontractual Liability in European Private Law


Author: John Cartwright,Martijn Hesselink
Publisher: Cambridge University Press
ISBN: 0521516013
Category: Law
Page: 509
View: 4381
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This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

The Principles of European Contract Law and Dutch Law:A Commentary


Author: Ewoud H. Hondius,H. J. Van Kooten
Publisher: Kluwer Law International B.V.
ISBN: 9041117490
Category: Law
Page: 471
View: 7861
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The topic of harmonisation of European private law, and European contract law in particular, is rapidly gaining in importance. The topic is not only widely studied by academics and students all over Europe (and even beyond), it is also on the political agenda of the European Parliament, the European Commission, and the European Council. The most important achievement in this field is no doubt the Principles of European Contract Law (PECL), drafted by the Commission on European Contract Law. The European Commission considers the PECL to be a serious option for further harmonisation of European contract law within the European Union. This publication is the first to provide a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists. It may be used at universities in courses on Comparative Law, European Private Law, and European Contract Law. It may also be used by international practitioners, foreign students, and academics interested in Dutch contract law who do not have access to Dutch contract law because they have no knowledge of the Dutch language. Last but not least, the book will be of interest to all jurists interested in the harmonisation of the European Private Law.

Precontractual Liability in European Private Law


Author: John Cartwright,Martijn Hesselink
Publisher: Cambridge University Press
ISBN: 0521516013
Category: Law
Page: 509
View: 4934
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This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

Commercial Trusts in European Private Law


Author: Michele Graziadei,Ugo Mattei,Lionel Smith
Publisher: Cambridge University Press
ISBN: 9781139448161
Category: Law
Page: N.A
View: 8916
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In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

Unexpected Circumstances in European Contract Law


Author: Ewoud Hondius,Christoph Grigoleit
Publisher: Cambridge University Press
ISBN: 1139501151
Category: Law
Page: N.A
View: 2450
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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

Mistake, Fraud and Duties to Inform in European Contract Law


Author: Ruth Sefton-Green
Publisher: Cambridge University Press
ISBN: 9781139442961
Category: Law
Page: N.A
View: 7476
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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.

An Academic Green Paper on European Contract Law


Author: Stefan Grundmann,Julien Stuyck
Publisher: N.A
ISBN: N.A
Category: Law
Page: 432
View: 5461
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The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. This is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. This work also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.

Unexpected Circumstances in European Contract Law


Author: Ewoud Hondius,Christoph Grigoleit
Publisher: Cambridge University Press
ISBN: 1139501151
Category: Law
Page: N.A
View: 5229
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The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe


Author: Martijn Hesselink
Publisher: Kluwer Law International B.V.
ISBN: 9041119620
Category: Law
Page: 283
View: 3681
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In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Contract I

Pre-contractual Obligations, Conclusion of Contract, Unfair Terms
Author: Research Group on the Existing EC Private Law
Publisher: sellier. european law publ.
ISBN: 3866530234
Category: Law
Page: 311
View: 9838
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The Acquis Group â?? also known as the European Research Group on Existing EC Private Law â?? pursues the objective of presenting, in a restated form known as the Acquis Principles, the large and sometimes incoherent patchwork of existing EC private law. These principles reflect the current state of EC law in a structure which allows for the identification of commonalities, contradictions, and gaps. They function as a tool for the better understanding and improvement of EC private law. They are also intended to ensure that the existing EC law is appropriately reflected in the broader Common Frame of Reference. The principles include a commentary outlining the Acquis foundations, as well as definitions of core legal terms and a glossary on terminology. Formulated with the Acquis Principles in mind, Contract I is the first of a new series. It covers the areas of general EC contract law which surround the formation of contracts, including key rules on pre-contractual duties, the conclusion of a contract, and its content.

The Recovery of Non-Pecuniary Loss in European Contract Law


Author: Vernon V. Palmer
Publisher: Cambridge University Press
ISBN: 1316300684
Category: Law
Page: N.A
View: 9913
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This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

The Position of Small and Medium-Sized Enterprises in European Contract Law


Author: Ilse Samoy,Marco B. M. Loos
Publisher: Intersentia Uitgevers N V
ISBN: 9781780681948
Category: Law
Page: 170
View: 6264
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According to the European Commission, differences in contract law - and the additional transaction costs and complexity they generate in cross-border transactions - dissuade a considerable number of traders, in particular, small and medium-sized enterprises (SMEs), from expanding into markets of other Member States. These differences are also said to limit competition in the internal market. Furthermore, they underlie the European Commission's draft Regulation for a Common European Sales Law (CESL). The 2012 Ius Commune workshop on Contract Law was dedicated to the position of SMEs in European contract law and focused on their contractual relations with other SMEs (SME2SME), consumers (SME2C and C2SME), and larger companies (B2SME and SME2B). Is there a need for a kind of "consumer law for professionals?" This book contains the most interesting and challenging contributions from the workshop. (Series: Ius Commune Europaeum - Vol. 121)

Pace yearbook of international law


Author: N.A
Publisher: N.A
ISBN: N.A
Category:
Page: N.A
View: 6361
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