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European Private Law After The Common Frame Of Reference


European Private Law After The Common Frame Of Reference
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European Private Law After The Common Frame Of Reference


European Private Law After The Common Frame Of Reference
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Author : Hans W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01

European Private Law After The Common Frame Of Reference written by Hans W. Micklitz 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 2010-01-01 with Law categories.


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.



The Common Frame Of Reference


The Common Frame Of Reference
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Author : Gerhard Wagner
language : en
Publisher: sellier. european law publ.
Release Date : 2009

The Common Frame Of Reference written by Gerhard Wagner and has been published by sellier. european law publ. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.


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.



Interpretation Of Commercial Contracts In European Private Law


Interpretation Of Commercial Contracts In European Private Law
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Author : C. J. W. Baaij
language : en
Publisher:
Release Date : 2020

Interpretation Of Commercial Contracts In European Private Law written by C. J. W. Baaij and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Commercial law categories.


This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.



A Factual Assessment Of The Draft Common Frame Of Reference


A Factual Assessment Of The Draft Common Frame Of Reference
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Author : Luisa Anatoniolli
language : en
Publisher: Walter de Gruyter
Release Date : 2010-12-23

A Factual Assessment Of The Draft Common Frame Of Reference written by Luisa Anatoniolli and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Law categories.


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.



Principles Of European Contract Law


Principles Of European Contract Law
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Author : Commission on European Contract Law
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2000-01-01

Principles Of European Contract Law written by Commission on European Contract Law 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 2000-01-01 with Law categories.


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.



The Cambridge Companion To European Union Private Law


The Cambridge Companion To European Union Private Law
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Author : Christian Twigg-Flesner
language : en
Publisher: Cambridge University Press
Release Date : 2010-05-20

The Cambridge Companion To European Union Private Law written by Christian Twigg-Flesner and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-20 with Law categories.


A critical 2010 introduction to European Private Law, written by the leading scholars in the field.



Precontractual Liability In European Private Law


Precontractual Liability In European Private Law
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Author : John Cartwright
language : en
Publisher: Cambridge University Press
Release Date : 2008

Precontractual Liability In European Private Law written by John Cartwright and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.



The Foundations Of European Private Law


The Foundations Of European Private Law
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Author : Roger Brownsword
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-09-19

The Foundations Of European Private Law written by Roger Brownsword and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-19 with Law categories.


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.



New Directions In European Private Law


New Directions In European Private Law
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Author : Takis Tridimas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-05-20

New Directions In European Private Law written by Takis Tridimas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-20 with Law categories.


This book brings together leading scholars and practitioners, to explore contemporary challenges in the field of European private law, identify problems, and propose solutions. The first section reassesses the existing theoretical framework and traditional legal scholarship on which European private law has developed. The book then goes on to examine important and practical topics of geo-blocking and standardisation in the context of recent legislative developments and the CJEU case law. The third section assesses the challenging subject of adequate regulation of online platforms and sharing economy that has been continuously addressed in the recent years by European private law. A fourth section deals with the regulatory challenges brought by an increasing development of artificial intelligence and blockchain technology and the question of liability. The final section examines recent European legislative developments in the area of digital goods and digital content and identifies potential future policy directions in which the European private law may develop in the future.



The Interaction Of Contract Law And Tort And Property Law In Europe


The Interaction Of Contract Law And Tort And Property Law In Europe
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Author : Christian von Bar
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

The Interaction Of Contract Law And Tort And Property Law In Europe written by Christian von Bar and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.


Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.