The Foundations of European Private Law
The Foundations of European Private Law

Author: Roger Brownsword

Publisher: Bloomsbury Publishing

Published: 2011-09-19

Total Pages: 648

ISBN-13: 1847318339

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There 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.

Security Rights in Movable Property in European Private Law
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

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For 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.

European Private Law
European Private Law

Author: Mauro Bussani

Publisher: Carolina Academic Press

Published: 2009

Total Pages: 0

ISBN-13: 9781594605550

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This handbook provides reliable information on private law in an increasingly integrated Europe. It contains a collection of specially commissioned essays, including contributions on: corporation law, trust, law of sales, competition law, products liability, personal injuries law, limitation periods, the harmonization of European private law, and more. The essays are designed not only to offer a comprehensive overview of the different topics, but also to display and provoke lively and controversial debate. The handbook addresses some issues that appear to be both growing in momentum and largely overlooked by contemporary literature, namely a) the need to examine current and possible future developments in European private law institutions and issues affecting the legal lives of private, business, and public actors; b) the opportunity to fill a gap in the comparative literature through a concise reference book, which offers quick and easy access to the most relevant legal issues; and c) the cultural debate as to what European private law is and could be, rather than what it ought to be. It follows that the handbook is not meant to simply describe substantive law, but instead to "compare" private law institutions and cultures.

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.

Mistake, Fraud and Duties to Inform in European Contract Law
Mistake, Fraud and Duties to Inform in European Contract Law

Author: Ruth Sefton-Green

Publisher: Cambridge University Press

Published: 2005-02-10

Total Pages: 462

ISBN-13: 1139442961

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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.

Interpretation of Commercial Contracts in European Private Law
Interpretation of Commercial Contracts in European Private Law

Author: C. J. W. Baaij

Publisher:

Published: 2020

Total Pages: 0

ISBN-13: 9781780689593

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This book is a unique and extensive comparative study of commercial contract interpretation across 14 selected jurisdictions, namely Croatia, England and Wales, Finland, France, Germany, Greece, Italy, The Netherlands, Poland, Portugal, Scotland, South Africa, Spain and Sweden. Using a dynamic comparative case method, the focus is centered on the discussion of key legal problems, further examined in a detailed and comprehensive comparative analysis. Contributions written from a law and economics, and European private law perspectives place the key legal issues into context and make Interpretation of Commercial Contracts in European Private Law a coherent and valuable resource for academics and practitioners with a European or International focus.

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.