The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.
This text provides a comprehensive guide to the principles of European contract law.
This volume offers proposed Articles, followed by comments and information.
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR).
Introduction. Overview. Under European law, not all contract terms are subject to a judicial fairness assessment. ... that the formulation is meant to cover the relevant background law in its 1 2 3 2 See Unfair Contract Terms Directive, ...
This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law.
Huixing Liang, guan yu zhong guo tong yi he tong fa cao an di san gao [The Third Draft of Chinese Contract Law], jin ji fa zhi [Economics and Law], vol. 2, 1997. Huixing Liang, he tong de jie shi gui ze [The Interpretation Rule of ...
This comprehensive Research Handbook examines the continuum between private ordering and state regulation in the lex mercatoria, highlighting constancy and change in this dynamic and evolving system in order to offer an in-depth discussion ...
This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives.
Now we proudly present the final outline edition of the DCFR. - revision of the already published text to take account of the public discussion - major new topics covered - an additional section on the principles underlying the model rules ...
European Consumer Access to Justice Revisited takes into account both procedural and substantive law questions in order to give the term 'access to justice' an enhanced meaning.