European Private Law Beyond The Common Frame Of Reference


European Private Law Beyond 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.



European Private Law Beyond The Common Frame Of Reference


European Private Law Beyond The Common Frame Of Reference
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Author : Antoni Vaquer (jurist)
language : en
Publisher: ISBS
Release Date : 2008

European Private Law Beyond The Common Frame Of Reference written by Antoni Vaquer (jurist) and has been published by ISBS this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.


An interim outline edition of the European Commission's Common Frame of Reference (CFR) has recently been published. Over one hundred outstanding European scholars have been engaged with this CFR project. It is difficult to predict the political use to which the CFR will be put. Nevertheless, it will certainly become the cornerstone of the new European private law. For the first time, the European legal community, and indeed the global legal community, has a body of authentically European provisions suitable for adoption as national law or capable of inspiring amendments of national law. This does not mean that the CFR casts aside other mechanisms of approximation of the European national laws, in particular spontaneous harmonization. A polyedric approach is still necessary to complete the Europeanization of private law. This book brings together the papers presented at the 2007 conference on European private law organized by the University of Lleida on the occasion of the conferral of a doctorate honoris causa upon Reinhard Zimmermann. Numerous contributions attest to Reinhard Zimmermann as motivator of the scientific quest that has inspired the development of the new ius commune europaeum. Other papers deal with various substantive aspects of the Draft of the Common Frame of Reference prepared by the Study Group and the Acquis Group on behalf of the European Commission.



Principles Definitions And Model Rules Of European Private Law


Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar
language : en
Publisher: Oxford University Press, USA
Release Date : 2010

Principles Definitions And Model Rules Of European Private Law written by Christian von Bar 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 2010 with Law categories.


This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analyzed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference. This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text. The complete work will form a central reference point for all future discussion of the harmonization of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.



Principles Definitions And Model Rules Of European Private Law


Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar
language : en
Publisher: Oxford University Press, USA
Release Date : 2010

Principles Definitions And Model Rules Of European Private Law written by Christian von Bar 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 2010 with Law categories.


This landmark reference work marks the culmination of over 20 years' research into the history and potential future of European private law. An international team of researchers have analyzed the diverse national traditions of private law to compile a codified set of principles of European law for the law of obligations and core aspects of the law of property - known as the Draft Common Frame of Reference. This full edition of the reference work comes complete with all the scholarly apparatus needed to interpret the principles. Full commentary is provided on the text of the 'draft common frame of reference', together with references to and comparative analysis of all the national legal materials used as a basis of the text. The complete work will form a central reference point for all future discussion of the harmonization of European private law, and the interpretation of EU measures in the field. It also represents a major reference work in its own right, offering the fullest resource available on European private law, invaluable for researchers in comparative law and European legal history.



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.



Principles Definitions And Model Rules Of European Private Law


Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar
language : en
Publisher: Sellier European Law Pub
Release Date : 2009

Principles Definitions And Model Rules Of European Private Law written by Christian von Bar and has been published by Sellier European Law Pub this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.


The extensive work of the Study Group and the Acquis Group on the "Draft Common Frame of Reference (DCFR)" has now been completed. This six volume opus includes not only draft model rules but full comments and notes, which explain why a rule is formulated as it is, how it relates to other rules, and where its roots lie in the European legal systems. With this collection, the reader will be abreast of the developments in European Private Law.



Principles Definitions And Model Rules Of European Private Law


Principles Definitions And Model Rules Of European Private Law
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Author : Christian von Bar
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

Principles Definitions And Model Rules Of European Private Law 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.


A year ago, the "Draft Common Frame of Reference" was published for the first time in an interim outline edition. Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules - revised and expanded list of definitions The six-volume full edition of the DCFR including all comments and notes will be published in October 2009.



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.



The Politics Of The Draft Common Frame Of Reference


The Politics Of The Draft Common Frame Of Reference
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Author : Alessandro Somma
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01

The Politics Of The Draft Common Frame Of Reference written by Alessandro Somma 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 2009-01-01 with Law categories.


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


Principles Definitions And Model Rules Of European Private Law
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Author : Study Group on a European Civil Code
language : en
Publisher: sellier. european law publ.
Release Date : 2008

Principles Definitions And Model Rules Of European Private Law written by Study Group on a European Civil Code 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 2008 with Civil law categories.


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.