English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale

ISBN-13: 9781849465496 / Angielski / Twarda / 2014 / 540 str.

Louise Gullifer; Stefan Vogenauer

Opis

This book honors the influential and wide-ranging work of Professor Hugh Beale of Warwick University. The festschrift contains essays by 25 very distinguished authors, each of whom has worked with Professor Beale as a co-author and/or as a teaching colleague during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The contributions in the final section discuss trends in transnational and European commercial law. The book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law. Subject: European Law, English Law, Contract Law, Commercial Law]

Spis treści

LEGAL HISTORY 1 Merchants and the Legislative Process in Thirteenth Century England: The Making of the Statutes of Acton Burnel (1283) and Merchants (1285) Paul Brand 2 Contract Terms Between Unequal Parties in Victorian England Catharine MacMillan LAW REFORM 3 Alternatives to Legislation: Restatements and Judicial Law Reform Andrew Burrows 4 The Impact of Rule-making by Financial Services Regulators on the Common Law: The Lessons of PPI Eva Lomnicka 5 Some Thoughts on Consumer Law Reform: Consolidation, Codification or a Restatement? Christian Twigg-Flesner ENGLISH CONTRACT LAW 6 Freedom to Exercise Contractual Rights of Termination Michael Bridge 7 Regulating Unfair Terms Mindy Chen-Wishart 8 Time to Reflect on the Right to Reject Eric Clive 9 Universal Terms in Contract Michael Furmston 10 Some Thoughts on Undisclosed Agency Thomas Krebs 11 Innominate Terms Revisited Ewan McKendrick xii Contents 12 Variation and Termination of Consumer Contracts Simon Whittaker EUROPEAN CONTRACT LAW 13 Unfair Prices in the Common European Sales Law Martijn W Hesselink 14 CISG and CESL: Simplicity, Fairness and Social Justice Ole Lando 15 The Law of Assignment in European Contract Law Wolf-Georg Ringe 16 Unfair Terms in Consumer Contracts Jacobien W Rutgers 17 ‘General Principles’ of Contract Law in Transnational Instruments Stefan Vogenauer 18 Interest for Delay in Payment of Money Reinhard Zimmermann SECURITY AND FINANCING 19 The Assignment of Pure Intangibles in the Conflict of Laws Roy Goode 20 Compulsory Central Clearing of OTC Derivatives: The Changing Face of the Provision of Collateral Louise Gullifer 21 European Secured Transactions Law at a Crossroad: The Pitfalls of a ‘Piecemeal Approach’ to Harmonisation Anna Veneziano 22 How Secure is Security? Sarah Worthington TRENDS IN TRANSNATIONAL AND EUROPEAN COMMERCIAL LAW 23 The Numerus Clausus of Property Rights: A European Principle? Christian von Bar 24 New Principles in the Legal World: The Hague Principles on the Choice of Law in International Commercial Contracts Bénédicte Fauvarque-Cosson 25 Ex Officio Application in Case of Unenforceable Contracts or Contract Clauses: EU Law and National Laws Confronted Arthur S Hartkamp