mistake fraud and duties to inform in european contract law the common core of european private law

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Mistake Fraud And Duties To Inform In European Contract Law

Author : Ruth Sefton-Green
ISBN : 1139442961
Genre : Law
File Size : 57. 13 MB
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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.

Commentaries On European Contract Laws

Author : Nils Jansen
ISBN : 9780192508010
Genre : Law
File Size : 76. 93 MB
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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.

Security Rights In Movable Property In European Private Law

Author : Eva-Maria Kieninger
ISBN : 1139454757
Genre : Law
File Size : 67. 6 MB
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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.

Precontractual Liability In European Private Law

Author : John Cartwright
ISBN : 9780521516013
Genre : Law
File Size : 86. 11 MB
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This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

The Recovery Of Non Pecuniary Loss In European Contract Law

Author : Vernon V. Palmer
ISBN : 9781107098626
Genre : Law
File Size : 62. 39 MB
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A pioneering work capturing the recent rise of moral damages in modern European contract law.

Good Faith In European Contract Law

Author : Simon Whittaker
ISBN : 0521771900
Genre : Law
File Size : 89. 79 MB
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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.

Opening Up European Law

Author : Mauro Bussani
ISBN : 3866530226
Genre : Law
File Size : 22. 67 MB
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The New European Private Law

Author : Martijn Willem Hesselink
ISBN : 9041119620
Genre : Law
File Size : 65. 91 MB
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In the New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

Principles Definitions And Model Rules Of European Private Law

Author : Study Group on a European Civil Code
ISBN : 9783866530973
Genre : Law
File Size : 26. 29 MB
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The Draft of a Common Frame of Reference (DCFR) 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. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was 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. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.

Transfer Of Immovables In European Private Law

Author : Luz M. Martínez Velencoso
ISBN : 9781107187092
Genre : Law
File Size : 50. 56 MB
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This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.

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