Code Europ En Des Contrats
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The Architecture Of European Codes And Contract Law
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Author : Stefan Grundmann
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
The Architecture Of European Codes And Contract Law written by Stefan Grundmann and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
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.
European Tort Law
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Author : C. C. van Dam
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-03-21
European Tort Law written by C. C. van Dam and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-21 with Law categories.
This textbook provides insight into the differences commonalities and mutual influece of the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, EU law, and human rights law.
The Grand Strategy Of Comparative Law
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Author : Luca Siliquini-Cinelli
language : en
Publisher: Taylor & Francis
Release Date : 2024-04-19
The Grand Strategy Of Comparative Law written by Luca Siliquini-Cinelli and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-19 with Law categories.
This book features original essays by leading academics and emerging researchers written in honour of a legal comparatist who, over the course of four decades, has played a major role in comparative law’s development: Pier Giuseppe Monateri. Rather than being just a celebrative work without analytical appeal, this book makes a significant contribution to the comparative legal literature by exploring key comparative law themes and recent developments in the field. Reflecting Monateri’s vast expertise, innovative thinking, and truly global network, the volume is divided into five thematic areas of both scholarly and practical significance: Comparative Law and Its Methods; Comparative Private Law; Law and Literature; The Politics and Ontology of Law; Comparative Law & Economics. Discussing novel case-studies as well as exploring Monateri’s importance to the comparative enterprise through various trajectories of inquiry – for example, normative, doctrinal, empirical, critical – this book takes a fundamental and much-needed step towards the establishment of comparative law as a fully-fledged academic discipline and professional practice. Addressing the current status and future direction of comparative law, this book will appeal to legal comparativists, as well as students and scholars with broader interests in the nature of legal cultures.
Uniform Rules For European Contract Law
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Author : Francisco de Elizalde
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-06-28
Uniform Rules For European Contract Law written by Francisco de Elizalde and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-06-28 with Law categories.
Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Comparative Contract Law
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Author : Thomas Kadner Graziano
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-01-17
Comparative Contract Law written by Thomas Kadner Graziano and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-01-17 with Law categories.
This significantly revised and expanded third edition of Comparative Contract Law brings together extracts from legislation and court practice in a way that enables students to experience comparative law in action.
Vers Un Droit Europ En Des Contrats Sp Ciaux Towards A European Law Of Specific Contracts
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Author : Denis Voinot
language : en
Publisher: Éditions Larcier
Release Date : 2012-02-28
Vers Un Droit Europ En Des Contrats Sp Ciaux Towards A European Law Of Specific Contracts written by Denis Voinot and has been published by Éditions Larcier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-28 with Law categories.
L’équipe René Demogue (Centre de recherches Droits et Perspectives du droit) de l’université de Lille II a organisé le 17 juin 2011 une journée d’étude intitulée «Vers un droit européen des contrats spéciaux /Towards a European Law of Specific Contracts». Le droit européen des contrats spéciaux est en profonde mutation. En quelques mois, un livre vert de la Commission européenne en date du 1er juillet 2010, une étude de faisabilité délivrée par un groupe d’experts près la Commission le 3 mai 2011 venant de se transformer, après quelques modifications, en une proposition de règlement relatif à un droit commun européen de la vente en date du 11 octobre 2011, une résolution du Parlement européen du 8 juin 2011 et une directive relative aux droits des consommateurs du 25 octobre 2011 sont apparus sur la scène juridique. Consacrer, dans cet environnement, une journée d’étude à l’avenir du droit européen des contrats spéciaux était aisément concevable. La genèse de cette journée trouve précisément son fondement dans la question 4.3.3 du livre vert de la Commission européenne relatif aux actions envisageables en vue de la création d’un droit européen des contrats pour les consommateurs et les entreprises (COM (2010) 348/3) en date du 1er juillet 2010 : «4.3.3. Des types spécifiques de contrats devraient-ils relever d’un futur instrument en droit européen des contrats? » Tant du point de vue politique, que du point de vue de la cohérence juridique, il semble, à cet égard, difficile d’envisager un ou plusieurs futurs instruments en droit européen des contrats qui puissent se passer de règles spéciales concernant les contrats les plus usuels (contrat de vente, contrats de services, contrats de représentation, contrats de distribution…). En effet, loin de déroger au droit commun des contrats, la réglementation des contrats spéciaux en assure la mise en œuvre, l’application concrète aux différentes conventions les plus courantes et les plus utiles aux différents acteurs économiques. L’optique de la journée d’étude du 17 juin 2011 a donc été de présenter et d’étudier le contenu et les différents modes d’élaboration passés, présents et futurs du droit européen des contrats spéciaux.
Cross Border Litigation In Europe
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Author : Paul Beaumont
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-11-16
Cross Border Litigation In Europe written by Paul Beaumont and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-11-16 with Law categories.
This substantial and original book examines how the EU Private International Law (PIL) framework is functioning and considers its impact on the administration of justice in cross-border cases within the EU. It grew out of a major project (ie EUPILLAR: European Union Private International Law: Legal Application in Reality) financially supported by the EU Civil Justice Programme. The research was led by the Centre for Private International Law at the University of Aberdeen and involved partners from the Universities of Freiburg, Antwerp, Wroclaw, Leeds, Milan and Madrid (Complutense). The contributors address the specific features of cross-border disputes in the EU by undertaking a comprehensive analysis of the Court of Justice of the EU (CJEU) and national case law on the Brussels I, Rome I and II, Brussels IIa and Maintenance Regulations. Part I discusses the development of the EU PIL framework. Part II contains the national reports from 26 EU Member States. Parts III (civil and commercial) and IV (family law) contain the CJEU case law analysis and several cross-cutting chapters. Part V briefly sets the agenda for an institutional reform which is necessary to improve the effectiveness of the EU PIL regime. This comprehensive research project book will be of interest to researchers, students, legal practitioners, judges and policy-makers who work, or are interested, in the field of private international law.
Commentaries On European Contract Laws
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Author : Nils Jansen
language : en
Publisher: Oxford University Press
Release Date : 2018-07-12
Commentaries On European Contract Laws written by Nils Jansen and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-12 with Law categories.
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.
The Unidroit Principles In Practice
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Author : Michael Joachim Bonell
language : en
Publisher: BRILL
Release Date : 2006-09-01
The Unidroit Principles In Practice written by Michael Joachim Bonell and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-09-01 with Law categories.
Since fall 2006: a new, revised edition of Unidroit Principles in Practice, featuring approximately 120-130 cases. The UNIDROIT Principles of International Commercial Contacts, published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a “restatement” of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. The UNIDRIOT Principles in Practice provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles. Published under the Transnational Publishers imprint.
European Contract Law
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Author : Hein Kötz
language : en
Publisher: Oxford University Press
Release Date : 2017-09-29
European Contract Law written by Hein Kötz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-29 with Law categories.
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.