European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. 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. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies,...
European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal fo...
Civil justice systems of the Member States of the European Union differ substantially. Despite recent trends towards convergence, each jurisdiction has its own way of defining how people can legitimately resolve disputes and enforce their rights and the obligations of others. The essays in this collection investigate the extent to which perceptions of differences between national civil justice systems affect businesses engaging in cross-border transactions when they choose the forum and the governing contract law, including the results of a major survey of European businesses on the impact...
Civil justice systems of the Member States of the European Union differ substantially. Despite recent trends towards convergence, each jurisdiction ha...
This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additional provisions brought in by the PICC 2010. The text on the older provisions has been updated in order to draw together and comment on recent case-law and legal writing. This book provides commentary on the substantive rules on contracts with a comprehensive analysis of each provision, and relevant case law, and compares national provisions with the PICC. The topics of conditions, illegality and plurality of obligors and obligees are covered...
This new edition of the leading commentary on the Principles of International Commercial Contracts (PICC) has been updated to include the 26 additiona...
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental...
Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collect...
This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of `principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles...
This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisati...