The Common Core of European Private Law
Author: Mauro Bussani
Publisher:
Published: 2003
Total Pages: 231
ISBN-13: 9789041120045
DOWNLOAD EBOOKPapers originally presented at meetings of the Common Core of European Private Law Project.
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Good Faith in European Contract Law
Author: Reinhard Zimmermann
Publisher: Cambridge University Press
Published: 2000-06-08
Total Pages: 762
ISBN-13: 9780521771900
DOWNLOAD EBOOKFor some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.
Security Rights in Movable Property in European Private Law
Author: Eva-Maria Kieninger
Publisher: Cambridge University Press
Published: 2004-08-26
Total Pages: 827
ISBN-13: 1139454757
DOWNLOAD EBOOKFor every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.
The Common Core of European Private Law:Essays on the Project
Author: Mauro Bussani
Publisher: Springer
Published: 2003
Total Pages: 248
ISBN-13:
DOWNLOAD EBOOKPapers originally presented at meetings of the Common Core of European Private Law Project.
The Foundations of European Private Law
Author: Roger Brownsword
Publisher: Bloomsbury Publishing
Published: 2011-09-19
Total Pages: 648
ISBN-13: 1847318339
DOWNLOAD EBOOKThere 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.
Immoral Contracts in Europe
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.
Precontractual Liability in European Private Law
Author: John Cartwright
Publisher: Cambridge University Press
Published: 2008
Total Pages: 537
ISBN-13: 0521516013
DOWNLOAD EBOOKThis volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
Constitutionalization of European Private Law
Author: Hans Micklitz
Publisher: OUP Oxford
Published: 2014-04-17
Total Pages: 414
ISBN-13: 0191020087
DOWNLOAD EBOOKIn recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
Principles, Definitions and Model Rules of European Private Law
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.
Commercial Trusts in European Private Law
Author: Michele Graziadei
Publisher: Cambridge University Press
Published: 2005-11-03
Total Pages: 630
ISBN-13: 1139448161
DOWNLOAD EBOOKIn European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
