Contents And Effects Of Contracts Lessons To Learn From The Common European Sales Law

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Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law

Aurelia Colombi Ciacchi
Contents and Effects of Contracts Lessons to Learn From The Common European Sales Law Book PDF

Author : Aurelia Colombi Ciacchi
Publisher : Springer
Page : 295 pages
File Size : 46,9 Mb
Release : 2016-05-18
Category : Law
ISBN : 9783319280745

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Contents and Effects of Contracts-Lessons to Learn From The Common European Sales Law by Aurelia Colombi Ciacchi Pdf

This book presents a critical analysis of the rules on the contents and effects of contracts included in the proposal for a Common European Sales Law (CESL). The European Commission published this proposal in October 2011 and then withdrew it in December 2014, notwithstanding the support the proposal had received from the European Parliament in February 2014. On 6 May 2015, in its Communication ‘A Digital Single Market Strategy for Europe’, the Commission expressed its intention to “make an amended legislative proposal (...) further harmonising the main rights and obligations of the parties to a sales contract”. The critical comments and suggestions contained in this book, to be understood as lessons to learn from the CESL, intend to help not only the Commission but also other national and supranational actors, both public and private (including courts, lawyers, stakeholders, contract parties, academics and students) in dealing with present and future European and national instruments in the field of contract law. The book is structured into two parts. The first part contains five essays exploring the origin, the ambitions and the possible future role of the CESL and its rules on the contents and effects of contracts. The second part contains specific comments to each of the model rules on the contents and effects of contracts laid down in Chapter 7 CESL (Art. 66-78). Together, the essays and comments in this volume contribute to answering the question of whether and to what extent rules such as those laid down in Art. 66-78 CESL could improve or worsen the position of consumers and businesses in comparison to the correspondent provisions of national contract law. The volume adopts a comparative perspective focusing mainly, but not exclusively, on German and Dutch law.

Commentaries on European Contract Laws

Nils Jansen,Reinhard Zimmermann
Commentaries on European Contract Laws Book PDF

Author : Nils Jansen,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 2250 pages
File Size : 49,5 Mb
Release : 2018-07-13
Category : Law
ISBN : 9780192508010

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Commentaries on European Contract Laws by Nils Jansen,Reinhard Zimmermann Pdf

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.

The Common European Sales Law in Context

Gerhard Dannemann,Stefan Vogenauer
The Common European Sales Law in Context Book PDF

Author : Gerhard Dannemann,Stefan Vogenauer
Publisher : Oxford University Press
Page : 858 pages
File Size : 52,6 Mb
Release : 2013-03-21
Category : Law
ISBN : 9780199678907

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The Common European Sales Law in Context by Gerhard Dannemann,Stefan Vogenauer Pdf

The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.

The Future of the Commercial Contract in Scholarship and Law Reform

Maren Heidemann,Joseph Lee
The Future of the Commercial Contract in Scholarship and Law Reform Book PDF

Author : Maren Heidemann,Joseph Lee
Publisher : Springer
Page : 471 pages
File Size : 40,7 Mb
Release : 2018-11-02
Category : Law
ISBN : 9783319959696

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The Future of the Commercial Contract in Scholarship and Law Reform by Maren Heidemann,Joseph Lee Pdf

This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.

European Perspectives on the Common European Sales Law

Javier Plaza Penadés,Luz M. Martínez Velencoso
European Perspectives on the Common European Sales Law Book PDF

Author : Javier Plaza Penadés,Luz M. Martínez Velencoso
Publisher : Springer
Page : 314 pages
File Size : 55,6 Mb
Release : 2014-11-04
Category : Law
ISBN : 9783319104973

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European Perspectives on the Common European Sales Law by Javier Plaza Penadés,Luz M. Martínez Velencoso Pdf

This book presents a complete and coherent view of the subject of Common European Sales Law from a range of European perspectives. The book offers a comparison of the CESL with the CISG, as well as pre-existing instruments, including the Draft Common Frame of Reference (DCFR) and the Principles of European Contract Law (PECL). It analyses the process of enactment of CESL and its scope of application, covering areas such as the sale of goods, the supplying (licensing) of digital content, the supply of trade-related services, and consumer protection. It examines the design of the CESL bifurcating businesses into large and small-to-medium sized enterprises, and the providing of rules covering digital content and the supply of trade-related services. Lastly, it studies the field of application of the CESL combined with the already existing EU consumer protection laws, as well as nation-specific laws.​

The Contract of Carriage

Paula Bäckdén
The Contract of Carriage Book PDF

Author : Paula Bäckdén
Publisher : Taylor & Francis
Page : 364 pages
File Size : 41,6 Mb
Release : 2019-01-28
Category : Law
ISBN : 9780429685859

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The Contract of Carriage by Paula Bäckdén Pdf

The Contract of Carriage: Multimodal Transport and Unimodal Regulation provides a new perspective on how to approach the question of multimodal transport regulation regarding liability for goods carried. Unlike previous literature, which has approached the issue of applicability from a strict interpretation-of-the-convention angle, this book will analyse the issue from a law of contracts perspective. If goods are damaged during international transport, the carrier’s liability is governed by rules laid down in international conventions, such as the CMR convention, the Hague–Visby Rules and the Montreal Convention. Such rules apply to certain modes of transport, to contracts for unimodal carriage. When goods are carried under a multimodal contract of carriage, which provides for carriage by more than one mode of transport, the question is whether these rules are applicable to transport under multimodal contracts of carriage. This book investigates the rules of carrier’s liability applicable to unimodal transport, and whether these rules are applicable to carriage under multimodal contracts of carriage, with focus on the actual contract of carriage. This unique text will be of great interest to students, academics, industry professionals, and legal practitioners alike.

The Non-Coherence Theory of Digital Human Rights

Mart Susi
The Non Coherence Theory of Digital Human Rights Book PDF

Author : Mart Susi
Publisher : Cambridge University Press
Page : 339 pages
File Size : 50,6 Mb
Release : 2024-02-29
Category : Political Science
ISBN : 9781009407731

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The Non-Coherence Theory of Digital Human Rights by Mart Susi Pdf

Susi offers a novel non-coherence theory of digital human rights. It explains the change in meaning and scope of human rights rules, principles, ideas and concepts, and the interrelationships and related actors, when moving from the physical domain into the online domain.

CISG vs. Regional Sales Law Unification

Ulrich Magnus
CISG vs Regional Sales Law Unification Book PDF

Author : Ulrich Magnus
Publisher : Walter de Gruyter
Page : 248 pages
File Size : 45,6 Mb
Release : 2012-08-31
Category : Law
ISBN : 9783866539662

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CISG vs. Regional Sales Law Unification by Ulrich Magnus Pdf

In October 2011, the European Commission introduced its Proposal for a Regulation on a Common European Sales Law (CESL) which covers inter alia international business sales – a subject already regulated by the Convention of International Sale of Goods (CISG) which was ratified by 78 member states. How does this new Proposal fit the existing uniform sales law? How have other regions of the world managed the coexistence of global and regional sales law unification? What can Europe learn from the U.S. experience concerning the CISG and the Uniform Commercial Code? What can we learn from the African OHADA which made CISG more or less the internal law of 17 African states, what from Australia where CISG and common law exist alongside? All these questions are intensely discussed in this highly recommendable book written by renowned authors like Larry DiMatteo, Harry Flechtner, Franco Ferrari, Robert Koch, Ulrich Magnus and Bruno Zeller.

Sales (PEL S)

Anonim
Sales PEL S Book PDF

Author : Anonim
Publisher : Unknown
Page : 0 pages
File Size : 50,8 Mb
Release : 2008
Category : Electronic
ISBN : OCLC:851324530

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Sales (PEL S) by Anonim Pdf

The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts. These Principles start from the idea of a uniform regime for all kind of sales transactions. Moreover, these Principles aim to meet the needs of international and national commerce alike and attempt to create a truly uniform sales law, bridging the differentiation into different settings, different parties to the contract, and different object of sales. However, when deemed necessary certain provisions are declared mandatory in consumer sales, in order to protect the weaker party in the transaction involved. To that end, a balance is struck between the two major international instruments in this area, the CISG and the Consumer Sales Directive. Moreover, during the drafting process, comparative material from over 20 different EU Member States has been taken into account. The work therefore is not only a presentation of a future model for European rules to come but provides also a fairly detailed indication of the present legal situation in the Member States. The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's "Principles of European Contract Law", the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They could be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.

Common European Sales Law (CESL)

Reiner Schulze
Common European Sales Law CESL Book PDF

Author : Reiner Schulze
Publisher : Anchor Books
Page : 780 pages
File Size : 48,9 Mb
Release : 2012
Category : Sales
ISBN : 3406634184

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Common European Sales Law (CESL) by Reiner Schulze Pdf

The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles. As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies. This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law

Sales

Ewoud Hondius,Viola Heutger,Christoph Jeloschek,Hanna Sivesand,Aneta Wiewiorowska
Sales Book PDF

Author : Ewoud Hondius,Viola Heutger,Christoph Jeloschek,Hanna Sivesand,Aneta Wiewiorowska
Publisher : Walter de Gruyter
Page : 526 pages
File Size : 55,9 Mb
Release : 2009-04-27
Category : Law
ISBN : 9783866537101

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Sales by Ewoud Hondius,Viola Heutger,Christoph Jeloschek,Hanna Sivesand,Aneta Wiewiorowska Pdf

The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.

Private Regulation and Enforcement in the EU

Madeleine de Cock Buning,Linda Senden
Private Regulation and Enforcement in the EU Book PDF

Author : Madeleine de Cock Buning,Linda Senden
Publisher : Bloomsbury Publishing
Page : 600 pages
File Size : 51,6 Mb
Release : 2020-06-25
Category : Law
ISBN : 9781509919543

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Private Regulation and Enforcement in the EU by Madeleine de Cock Buning,Linda Senden Pdf

Globalisation and technological innovation have been fuelling the need for increasing levels of trust in private actors, such as companies or special interest groups, to regulate and enforce significant aspects of people's daily lives: from environmental and social protection to the areas of food safety, advertising and financial markets. This book investigates the trust vested in private actors from the perspective of European citizens. It answers the question of whether private actors live up to citizens' expectations or whether more should be done as to the safeguarding of citizens' interests. Several cross-cutting studies explore how private regulation and enforcement are embedded in EU law. The book offers an innovative approach to private regulation and enforcement by focusing on the specific EU context which, unlike the national and transnational ones, has not yet been widely explored. This context merits a stand-alone analysis because of the unique normative framework of the EU, as a particular polity itself but also in relation to its Member States. With an overall analysis of the main aspects of private regulation and enforcement across different policy fields of the EU, the book adds a missing tile to the mosaic of public–private governance studies.

The Draft Common European Sales Law

Ignace Claeys,Régine Feltkamp
The Draft Common European Sales Law Book PDF

Author : Ignace Claeys,Régine Feltkamp
Publisher : Unknown
Page : 0 pages
File Size : 48,7 Mb
Release : 2013
Category : Commercial law
ISBN : 1780681801

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The Draft Common European Sales Law by Ignace Claeys,Régine Feltkamp Pdf

The EU Member States' sales law and related areas are on the verge of a major change. With the 186 articles of the Common European Sales Law (CESL), the Commission proposes an optional legal framework that covers the entire lifecycle of sales contracts and contracts for the supply of digital content, as well as related services. Although the aim is to govern these contracts without regard to other national rules of law, several aspects are not addressed and will continue to be governed by national rules. These national rules will also continue to apply if the parties decide not to submit their transactions to the CESL. Understanding the potential impact and usefulness of the CESL requires insight into its content, the relationship between the CESL and the other applicable national rules, and a critical analysis of its advantages and disadvantages. This book is the first to delve deeply into the content of the CESL and to analyze it from a Belgian law perspective.

Principles, Definitions and Model Rules of European Private Law

Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Principles Definitions and Model Rules of European Private Law Book PDF

Author : Study Group on a European Civil Code,Research Group on the Existing EC Private Law
Publisher : sellier. european law publ.
Page : 406 pages
File Size : 55,8 Mb
Release : 2008
Category : Civil law
ISBN : 9783866530591

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Principles, Definitions and Model Rules of European Private Law by Study Group on a European Civil Code,Research Group on the Existing EC Private Law Pdf

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft 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 in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is 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.

The role of good faith in international sales law

Nadiia Kudriashova
The role of good faith in international sales law Book PDF

Author : Nadiia Kudriashova
Publisher : GRIN Verlag
Page : 52 pages
File Size : 49,8 Mb
Release : 2019-03-26
Category : Law
ISBN : 9783668907652

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The role of good faith in international sales law by Nadiia Kudriashova Pdf

Diploma Thesis from the year 2016 in the subject Law - European and International Law, Intellectual Properties, grade: MA, Columbia International University, language: English, abstract: The second half of the 20th century was characterized by a worldwide trend in the development of foreign economic trade relations, and, as a consequence, the complication of the legal regulation of market relations in various international contracts: commercial, financial or cross-border provision of services. In the context of globalization, which covered all spheres of society's life, the content of international trade turnover is changing. Its modern distinctive features are the following: the expansion of trade items (apart from the traditional trade in goods, also trade in services, intellectual property, capital is increasingly taking place); the emergence of new types of contracts (factoring, franchising, etc.); strengthening the role of universal international treaties on trade, services, intellectual property; the emergence of new world markets for currency and capital; stepping up of the activities of international economic organizations; introduction of new information technologies into the trade. The indicator of growth in international trade turnover is also the growth in exports. The rapid growth of the modern world economy, the rapid development of economic and scientific and technical cooperation between different countries lead to the fact that “the world economy increasingly acquires the features of a single organism beyond which no state of the world can function properly”