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Author: Aurelia Colombi Ciacchi
Publisher:
Published: 2020
Total Pages: 0
ISBN-13: 9781839700101
DOWNLOAD EBOOKThis book brings together a group of renowned contract lawyers to analyse how their own legal systems deal with twelve cases of morally dubious agreements. It explores questions of validity, enforceability and the availability of remedies, while offering crucial insights into the divergences and converges between different European legal systems.
Author: Martijn Willem Hesselink
Publisher: Oxford University Press
Published: 2021
Total Pages: 513
ISBN-13: 0192843656
DOWNLOAD EBOOKThis title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Author: Hein Kötz
Publisher: Oxford University Press
Published: 2017
Total Pages: 401
ISBN-13: 0198800045
DOWNLOAD EBOOKThis edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.
Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
Published: 2008
Total Pages: 406
ISBN-13: 3866530595
DOWNLOAD EBOOKIn 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.
Author: Nils Jansen
Publisher: Oxford University Press
Published: 2018-07-13
Total Pages: 3650
ISBN-13: 0192508016
DOWNLOAD EBOOKThe 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.
Author: Hector MacQueen
Publisher: Edinburgh University Press
Published: 2019-08-05
Total Pages: 400
ISBN-13: 1474470580
DOWNLOAD EBOOKThis volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.
Author: Stefan Vogenauer
Publisher: Bloomsbury Publishing
Published: 2006-03-16
Total Pages: 286
ISBN-13: 184731127X
DOWNLOAD EBOOKAfter an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a 'European contract law' has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonisation, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonisation in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute of European and Comparative Law in collaboration with Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonisation. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far and suggesting areas where further analysis and research will be required
Author: Ewoud Hondius
Publisher: Cambridge University Press
Published: 2011-03-03
Total Pages: 715
ISBN-13: 1139501151
DOWNLOAD EBOOKThe recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Author: Hein Kötz
Publisher: Oxford University Press
Published: 2017-09-29
Total Pages: 401
ISBN-13: 0192520369
DOWNLOAD EBOOKThis 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 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.
Author: Lyn K L Tjon Soei Len
Publisher: Bloomsbury Publishing
Published: 2017-05-04
Total Pages: 173
ISBN-13: 1782257101
DOWNLOAD EBOOKThe collapse of the Rana Plaza in Bangladesh (2013) is one of many cases to invoke critical scrutiny and moral outrage regarding the conditions under which consumer goods sold on our markets are produced elsewhere. In spite of abiding moral concerns, these goods remain popular and consumers continue to buy them. Such transactions for goods made under deplorable production conditions are usually presumed to count as 'normal' market transactions, ie transactions that are recognized as valid consumer-contracts under the rules of contract law. Minimum Contract Justice challenges this presumption of normality. It explores the question of how theories of justice bear on such consumer contracts; how should a society treat a transaction for a good made under deplorable conditions elsewhere? This Book defends the position that a society that strives to be minimally just should not lend its power to enforce, support, or encourage transactions that are incompatible with the ability of others elsewhere to live decent human lives. As such, the book introduces a new perspective on the legal debate concerning deplorable production conditions that has settled around ideas of corporate responsibility, and the pursuit of international labour rights.
