Precontractual Liability Under The Portuguese German And French Legal Systems

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Precontractual Liability Under The Portuguese German And French Legal Systems

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Author : Elouisa Müller
language : en
Publisher: GRIN Verlag
Release Date : 2020-06-25

Precontractual Liability Under The Portuguese German And French Legal Systems written by Elouisa Müller and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-25 with Law categories.

Seminar paper from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 15/20, , language: English, abstract: On a daily basis, contracts are concluded between natural or legal persons. Therefore, many legal subjects have to enter into the precontractual phase of negotiations that eventually lead to a conclusion or a failure of the treaty. As first outlined by Jhering in 18611, the precontractual phase can establish a legal relationship in which precontractual obligations have to be respected. In the following, the precontractual liability under the German, French and Portuguese law will be compared. After an analysis of the historical origin of the precontractual liability in general and the presentation of the historical developments in Germany, France and Portugal, the legal problem, that needs a regulation in the legal orders, will be defined. Furthermore, in the com-parison of the regulatory framework, the similarities and differences of the current legislations in the three states will be examined based on various criteria such as the legal basis, the concrete precontractual duties and the relevance of the good faith. Apart from comparing compensable damages, the legal institutes in those states will be classified. Before summing up the compar-ison of the roots and the legal institute by also including a grid of the main comparative aspects, important cases will be presented to understand the development of the precontractual liability in Germany, France and Portugal.

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.

Mistake Fraud And Duties To Inform In European Contract Law

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Author : Ruth Sefton-Green
language : en
Publisher: Cambridge University Press
Release Date : 2005-02-10

Mistake Fraud And Duties To Inform In European Contract Law written by Ruth Sefton-Green 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 2005-02-10 with Law categories.

This 2005 examination of twelve case studies about mistake, fraud and duties to inform reveals significant differences about how contract law works in thirteen European legal systems and, despite the fact that the solutions proposed are often similar, what divergent values underlie the legal rules. Whereas some jurisdictions recognise increasing duties to inform in numerous contracts so that the destiny of mistake and fraud (classical defects of consent) may appear to be uncertain, other jurisdictions continue to refuse such duties as a general rule or fail to recognise the need to protect one of the parties where there is an imbalance in bargaining power or information. Avoiding preconceptions as to where and why these differences exist, this book first examines the historical origins and development of defects of consent, then considers the issues from a comparative and critical standpoint.

International Investment Law And Arbitration

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Author : Todd Weiler
language : en
Publisher: Cameron May
Release Date : 2005

International Investment Law And Arbitration written by Todd Weiler and has been published by Cameron May this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Presents a collection of essays.

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.

Chinese Contract Law

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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.

A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.

Commercial Agency Franchise And Distribution Contracts

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Author : Martijn W. Hesselink
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27

Commercial Agency Franchise And Distribution Contracts written by Martijn W. Hesselink 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.

The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.

Commercial Agency Franchise And Distribution Contracts Pel Cafdc

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Author : Martijn Willem Hesselink
language : en
Publisher: sellier. european law publ.
Release Date : 2006

Commercial Agency Franchise And Distribution Contracts Pel Cafdc written by Martijn Willem Hesselink 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 2006 with Agency categories.

The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.

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 German Law Of Obligations

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Author : Basil Markesinis
language : en
Publisher:
Release Date : 1997

The German Law Of Obligations written by Basil Markesinis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.