Performance Oriented Remedies In European Sale Of Goods Law
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Performance Oriented Remedies In European Sale Of Goods Law
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Author : Vanessa Mak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2009-01-15
Performance Oriented Remedies In European Sale Of Goods Law written by Vanessa Mak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-15 with Law categories.
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
Legal Pluralism In European Contract Law
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Author : Vanessa Mak
language : en
Publisher: Oxford University Press, USA
Release Date : 2020-09-10
Legal Pluralism In European Contract Law written by Vanessa Mak 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 2020-09-10 with Law categories.
This book deals with lawmaking in consumer markets, focusing on the increased importance of contracts and self-regulation which have become primary instruments for designing and monitoring legal relationships between businesses and consumers. It asks how common values and objectives of EU law can be protected when lawmaking shifts beyond state law.
European Perspectives On The Common European Sales Law
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Author : Javier Plaza Penadés
language : en
Publisher: Springer
Release Date : 2014-11-04
European Perspectives On The Common European Sales Law written by Javier Plaza Penadés and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-04 with Law categories.
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.
European Sales Law
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Author : Yesim M. Atamer
language : en
Publisher: Intersentia
Release Date : 2023-10-19
European Sales Law written by Yesim M. Atamer and has been published by Intersentia this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-19 with categories.
20 years after the 1999 EU sales law harmonization an extensive and future oriented reform has occurred with the 2019 Sale of Goods Directive. The reform infused features of durability, sustainability and digitalisation into classical sales law, transforming the contract into a long-term relationship, also forcing an adaptation of distribution networks.
Remedies In International Sales
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Author : Chengwei Liu
language : en
Publisher: Juris Net Llc
Release Date : 2007
Remedies In International Sales written by Chengwei Liu and has been published by Juris Net Llc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Business & Economics categories.
"This is the first text that compares remedies for non-performance of international sales contracts from the perspectives of the United Nations Convention on Contracts for the International Sale of Goods, the UNIDROIT Principles, the Principles of European Contract Law, and case law from courts and arbitral tribunals of many countries. It includes extensive discussion of arbitral awards from China, which is home to the busiest arbitral tribunals in the world. In gathering together these materials, Mr. Liu's text promotes uniformity in the application of international sales law."--Publisher's website.
Benjamin S Sale Of Goods
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Author : Michael G. Bridge
language : en
Publisher:
Release Date : 2014
Benjamin S Sale Of Goods written by Michael G. Bridge and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Conflict of laws categories.
Benjamin's Sale of Goods provides practitioners with comprehensive advice on case law and legislation regarding sale of goods in the UK and globally. Part of the Common Law Library, this title has established itself as the premier publication on sale of goods and is frequently cited in court due to its depth and coverage. First published in 1868, this title is now seen as a must-have purchase for its core readership of commercial practitioners in medium and large-firms, academics and commercial barristers; Covers the needs of practitioners interested in all areas of sale of goods case law; Includes clearly defined and structured content, with separate sections for Nature and formation of the Contract of Sale, Property and risk, Performance of the contract, Defective goods, Consumer Protection, Remedies, Overseas Sales, Conflict of laws; Provides high level text supported by all relevant developments in legislation and case law - the cases selected and the interpretation and guidance provided being one of the title's added values; Provides a comprehensive explanation of the law of sale of goods, including terms and conditions, rights and obligations; Sets out the nature and formation of the contract of sale; Includes discussion of unfair contract terms in commercial and consumer sales; Details the remedies available when disputes arise; Explains the implications of E-Commerce, including electronic contracts and payments; Examines the law on Letters of Credit; Incorporates the Sale and Supply of Goods to Consumers Regulations 2002, and recent European Directives; Includes expert commentary on the Contracts (Rights of Third Parties) Act 1999; Outlines the implications of the Consumer Credit Act and gives a detailed account of consumer protection; Provides authoritative discussion on conflict of laws; Examines the international scope of the subject, with chapters on overseas sales; Takes you through the laws relating to consumer protection.
The Common European Sales Law In Context
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Author : Gerhard Dannemann
language : en
Publisher: Oxford University Press
Release Date : 2013-03-21
The Common European Sales Law In Context written by Gerhard Dannemann 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 2013-03-21 with Law categories.
The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
The Emergence Of Eu Contract Law
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Author : Lucinda Miller
language : en
Publisher: OUP Oxford
Release Date : 2011-09-22
The Emergence Of Eu Contract Law written by Lucinda Miller and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-22 with Law categories.
The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.
Contents And Effects Of Contracts Lessons To Learn From The Common European Sales Law
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Author : Aurelia Colombi Ciacchi
language : en
Publisher: Springer
Release Date : 2016-05-18
Contents And Effects Of Contracts Lessons To Learn From The Common European Sales Law written by Aurelia Colombi Ciacchi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-18 with Law categories.
This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch 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.