European Contract Law and the Creation of Norms

European Contract Law and the Creation of Norms

Author: Stefan Grundmann

Publisher: European Contract Law and Theory

Published: 2021-03

Total Pages: 400

ISBN-13: 9781780689654

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The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.


European Contract Law and the Digital Single Market

European Contract Law and the Digital Single Market

Author: Alberto De Franceschi

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781780684222

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In light of the EU's commitment to making the Single Market fit for the digital age, leading scholars analyse new and urgent issues in the field of contract, data protection, copyright and private international law.


Rules and Principles in European Contract Law

Rules and Principles in European Contract Law

Author: Jacobien Rutgers

Publisher: Intersentia

Published: 2015-03-01

Total Pages: 172

ISBN-13: 9781780682570

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This book brings together the papers presented at the Society of European Contract Law's 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States, and whether common principles can be transformed into rules. The Society of European Contract Law (SECOLA) promotes the development and understanding of European contract law, including its economic, sociological, and intellectual historic relation in theory and in practice. Further, SECOLA provides an international platform for the discussion of developing and proposed contract law in Europe. In this spirit, the series European Contract Law and Theory combines dogmatic thinking in comparative and EU law with strong social theory considerations, and makes publicly available the results of the discussions of leading scholars and practitioner. (Series: European Contract Law and Theory - Vol. 1) [Subject: European Law, Contract Law]


Unexpected Circumstances in European Contract Law

Unexpected Circumstances in European Contract Law

Author: Ewoud Hondius

Publisher: Cambridge University Press

Published: 2011-03-03

Total Pages: 715

ISBN-13: 1139501151

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The 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.


European Contract Law and the Charter of Fundamental Rights

European Contract Law and the Charter of Fundamental Rights

Author: Hugh Collins

Publisher: Intersentia Limited

Published: 2017

Total Pages: 0

ISBN-13: 9781780684338

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A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.


European Contract Law

European Contract Law

Author: Hein Kötz

Publisher: Oxford University Press

Published: 2017

Total Pages: 401

ISBN-13: 0198800045

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This 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.


The Constitutional Foundations of European Contract Law

The Constitutional Foundations of European Contract Law

Author: Kathleen Gutman

Publisher: Oxford University Press, USA

Published: 2014-03

Total Pages: 561

ISBN-13: 0199698309

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Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.


Principles, Definitions and Model Rules of European Private Law

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

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In 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.


Good Faith in European Contract Law

Good Faith in European Contract Law

Author: Reinhard Zimmermann

Publisher: Cambridge University Press

Published: 2000-06-08

Total Pages: 762

ISBN-13: 9780521771900

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For 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.


Principles of European Contract Law

Principles of European Contract Law

Author: Commission on European Contract Law

Publisher: Kluwer Law International B.V.

Published: 2000-01-01

Total Pages: 612

ISBN-13: 9041113053

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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.