Principles of European Law

Principles of European Law

Author: Marco Loos

Publisher: Oxford University Press

Published: 2013-02-21

Total Pages: 585

ISBN-13: 0199568294

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The research of the Study Group on a European Civil Code seeks to advance the process of Europeanisation of private law by drafting a set of common European principles which are relevant for the functioning of the common market. The principles provide national jurisdictions with a grid reference for the future development of the law.


Mandate Contracts

Mandate Contracts

Author: Odavia Bueno Díaz

Publisher: Walter de Gruyter

Published: 2012-12-21

Total Pages: 584

ISBN-13: 3866539703

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In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.


Mandate on the Department of Defense's Contract Award Procedures for Directed Spending Items

Mandate on the Department of Defense's Contract Award Procedures for Directed Spending Items

Author: Andrew Sherrill

Publisher: DIANE Publishing

Published: 2009-06

Total Pages: 11

ISBN-13: 1437911951

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The Nat. Def. Auth. Act for FY 2008 directed the auditor to compare procedures used for awarding noncompetitive defense contracts for new projects pursuant to: (1) congressionally directed spending items or congressional earmarks; and (2) the special interests of senior exec. branch officials. The auditor has concluded that it is not feasible for him to address the mandate. First, he has not found a sound approach for systematically identifying "new projects of special interest to senior exec. branch officials." And, he was unable to apply the definitions of "congressional earmarks" because of data availability and timing issues. This report summarize the approaches that were explored and the reasons they were not feasible.


A Casebook on the Roman Law of Contracts

A Casebook on the Roman Law of Contracts

Author: Bruce W. Frier

Publisher: Oxford University Press

Published: 2021

Total Pages: 569

ISBN-13: 0197573215

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A Casebook on the Roman Law of Contracts introduces students to the rich and influential body of Roman law concerning contracts between private individuals.


More Than You Wanted to Know

More Than You Wanted to Know

Author: Omri Ben-Shahar

Publisher: Princeton University Press

Published: 2014-04-20

Total Pages: 239

ISBN-13: 0691161704

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How mandated disclosure took over the regulatory landscape—and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.


Swiss Contract Law

Swiss Contract Law

Author: Nino Sievi

Publisher: Kluwer Law International B.V.

Published: 2024-07-15

Total Pages: 300

ISBN-13: 9403534478

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Swiss contract law is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law. With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following: relationship between the Civil Code and the Code of Obligations; legal capacity to enter into a contract; required scope of the parties’ mutual expressions of intent; defects in consent; amending the content of a contract due to changed circumstances; performance of contractual obligations; concluding a contract via a third party; multiple creditors and/or debtors; breach of contract and legal remedies; termination of contracts; and specific contracts of particular commercial relevance (sales contract, contract for work, mandate agreement, settlement agreement). The remedies at the centre of the book make its details particularly accessible to foreign practitioners, notably those with a common law background. With its focus on dispute resolution, the book will equip practitioners with a confident understanding of how Swiss law regulates the creation, performance, termination, and enforcement of commercial contracts. It will prove of immeasurable value to corporate counsel and international law firms.