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Author: Ole Lando Publisher: Kluwer Law International ISBN: 9789403512754 Category : Languages : en Pages : 938
Book Description
"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."
Author: Ole Lando Publisher: Kluwer Law International ISBN: 9789403512754 Category : Languages : en Pages : 938
Book Description
"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."
Author: Commission on European Contract Law Publisher: Kluwer Law International B.V. ISBN: 9041113053 Category : Law Languages : en Pages : 612
Book Description
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.
Author: Ewoud H. Hondius Publisher: Kluwer Law International B.V. ISBN: 9041117490 Category : Law Languages : en Pages : 473
Book Description
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.
Author: Nils Jansen Publisher: Oxford University Press ISBN: 0192508016 Category : Law Languages : en Pages : 3650
Book Description
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.
Author: Study Group on a European Civil Code Publisher: sellier. european law publ. ISBN: 3866530595 Category : Civil law Languages : en Pages : 406
Book Description
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.
Author: Project Group Restatement of European Insurance Contract Law Publisher: sellier. european law publ. ISBN: 3866530692 Category : Insurance law Languages : en Pages : 737
Book Description
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.
Author: Yuliya Chernykh Publisher: International Litigation in Press ISBN: 9789004414679 Category : Law Languages : en Pages : 632
Book Description
"As the book clearly explains, there are situations in which questions of contract law need to be examined by investment tribunals - mainly as preliminary or incidental questions, to determine issues such as contract liability or breach of contract, that in turn are assumed as a basis for the issues of investment law in dispute"--
Author: Bénédicte Fauvarque-Cosson Publisher: Walter de Gruyter ISBN: 3866537255 Category : Law Languages : en Pages : 649
Book Description
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.
Author: Hein Kötz Publisher: Oxford University Press ISBN: 0192520369 Category : Law Languages : en Pages : 401
Book Description
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 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.
Author: Michael Joachim Bonell Publisher: Martinus Nijhoff Publishers ISBN: 900419469X Category : Law Languages : en Pages : 706
Book Description
The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.
Author: Ole Lando
Author: Ole Lando
Author: Commission on European Contract Law
Author: Ewoud H. Hondius
Author: Nils Jansen
Author: Study Group on a European Civil Code
Author: Project Group Restatement of European Insurance Contract Law
Author: Yuliya Chernykh
Author: Bénédicte Fauvarque-Cosson
Author: Hein Kötz
Author: Michael Joachim Bonell