Unexpected Circumstances in European Contract Law

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Author: Ewoud Hondius,Christoph Grigoleit

Publisher: Cambridge University Press

ISBN: 1139501151

Category: Law

Page: N.A

View: 1336

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.

Commentaries on European Contract Laws

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Author: Nils Jansen,Reinhard Zimmermann

Publisher: Oxford University Press

ISBN: 0192508016

Category: Law

Page: 2250

View: 8632

The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Good Faith in European Contract Law

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Author: Reinhard Zimmermann,Simon Whittaker

Publisher: Cambridge University Press

ISBN: 9780521771900

Category: Law

Page: 720

View: 8727

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 marginalised or even rejected. This book surveys the use or neglect of good faith.

A Factual Assessment of the Draft Common Frame of Reference

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Author: Luisa Anatoniolli,Francesca Fiorentini

Publisher: Walter de Gruyter

ISBN: 3866538693

Category: Law

Page: 494

View: 1382

This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.

Opening up European law

the Common Core Project towards Eastern and South Eastern Europe

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Author: Mauro Bussani,Ugo Mattei

Publisher: Sellier European Law Pub

ISBN: 9783866530225

Category: Law

Page: 283

View: 9358

Comparative law

cases, text, materials

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Author: Rudolf B. Schlesinger

Publisher: Foundation Pr

ISBN: N.A

Category: Law

Page: 1013

View: 3968

Among the developments considered are the legal changes that have resulted from the demise of the Soviet empire and of ?socialist ? law; the continuing impact that both European Community law and regional human rights law have had on the internal legal systems of European countries; concomitant tensions toward a revised ?common law of Europe? and toward a closer ?convergence? between civil and common law systems; and renewed attention to the methodological problems faced by comparative law, in part because of these other developments.

New Outlook

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Author: Alfred Emanuel Smith,Francis Walton

Publisher: N.A

ISBN: N.A

Category:

Page: N.A

View: 5676

A New Dictionary of the Portuguese and English Languages

Containing All the Vocables in Common Use, with a Selection of Terms Obsolescent Or Obsolete Connected with Polite Literature Technical Terms, Or Such as are in General Use in the Arts, Manufactures, and Sciences, in Naval and Military Language, in Law, Trade, and Commerce, &c., &c., &c

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Author: José Maria de Almeida e Araujo Corrẽa de Lacerda

Publisher: N.A

ISBN: N.A

Category: Portuguese language

Page: 946

View: 1236