Institutional Competition Between Optional Codes In European Contract Law

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Institutional Competition between Optional Codes in European Contract Law

Alexander J. Wulf
Institutional Competition between Optional Codes in European Contract Law Book PDF

Author : Alexander J. Wulf
Publisher : Springer
Page : 326 pages
File Size : 46,8 Mb
Release : 2014-05-14
Category : Law
ISBN : 9783658058012

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Institutional Competition between Optional Codes in European Contract Law by Alexander J. Wulf Pdf

​The Commission of the European Union has identified divergences between the national contract laws of the Member States as an obstacle to the completion of the European Internal Market and put this issue on its highest political agenda. Alexander J. Wulf analyses and predicts the effects. The study is situated in the context of the recent developments in the discussion on European contract law. The book begins with an introduction to the economic and legal theories that serve as the rationale for the development of the line of argument. These theories are then applied to the issues involved in the current controversy on European contract law. The author develops a model that he uses to analyze the institutional processes of European contract law. Empirical data are employed to test this model and discuss the results. From his analysis the author develops criteria that can serve as a starting point for thinking about the economic desirability of an optional European contract law.

Institutional Competition between Optional Codes in European Contract Law

Alexander J. Wulf
Institutional Competition between Optional Codes in European Contract Law Book PDF

Author : Alexander J. Wulf
Publisher : Springer Gabler
Page : 311 pages
File Size : 48,9 Mb
Release : 2014-05-20
Category : Law
ISBN : 3658058021

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Institutional Competition between Optional Codes in European Contract Law by Alexander J. Wulf Pdf

​The Commission of the European Union has identified divergences between the national contract laws of the Member States as an obstacle to the completion of the European Internal Market and put this issue on its highest political agenda. Alexander J. Wulf analyses and predicts the effects. The study is situated in the context of the recent developments in the discussion on European contract law. The book begins with an introduction to the economic and legal theories that serve as the rationale for the development of the line of argument. These theories are then applied to the issues involved in the current controversy on European contract law. The author develops a model that he uses to analyze the institutional processes of European contract law. Empirical data are employed to test this model and discuss the results. From his analysis the author develops criteria that can serve as a starting point for thinking about the economic desirability of an optional European contract law.

Contractual Management

Ralph Schuhmann,Bert Eichhorn
Contractual Management Book PDF

Author : Ralph Schuhmann,Bert Eichhorn
Publisher : Springer Nature
Page : 430 pages
File Size : 44,6 Mb
Release : 2019-10-24
Category : Business & Economics
ISBN : 9783662584828

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Contractual Management by Ralph Schuhmann,Bert Eichhorn Pdf

The Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Law in Context
Page : 531 pages
File Size : 44,5 Mb
Release : 2018-04-12
Category : Law
ISBN : 9781107182417

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Comparative Law by Mathias Siems Pdf

The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.

The Architecture of European Codes and Contract Law

Stefan Grundmann,Martin Schauer
The Architecture of European Codes and Contract Law Book PDF

Author : Stefan Grundmann,Martin Schauer
Publisher : Kluwer Law International B.V.
Page : 394 pages
File Size : 49,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041125309

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The Architecture of European Codes and Contract Law by Stefan Grundmann,Martin Schauer Pdf

The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.

European contract law

Great Britain: Parliament: House of Lords: European Union Committee
European contract law Book PDF

Author : Great Britain: Parliament: House of Lords: European Union Committee
Publisher : The Stationery Office
Page : 72 pages
File Size : 47,7 Mb
Release : 2009-06-10
Category : Business & Economics
ISBN : 0108444368

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European contract law by Great Britain: Parliament: House of Lords: European Union Committee Pdf

This particular report from the European Union Committee (HLP 95, ISBN 9780108444364) considers the proposal for a Draft Common Frame of Reference in respect of European contract law. The Draft contains principles, definitions and model rules in the form of a code covering wide areas of Civil Law. The Committee notes some significant issues relating to the general approach the Draft adopts, along with differences between the model rules set out in the Draft and the provisions of English common law. The Committee remains opposed to a harmonised code of European contract law and does not believe the European Commission has a useful role in promoting or developing an alternative set of contractual terms for use by contracting parties. It believes one way forward may be for the Commission to identify particular key areas that give difficulty under existing Community law or are likely to require legislative intervention. The Committee recognises the value of the Draft as an academic work by presenting useful material for discussion and can act as an aid to the mutual understanding of the diverse legal systems represented in the European Union.

The European Banking Union and Constitution

Stefan Grundmann,Hans-W Micklitz
The European Banking Union and Constitution Book PDF

Author : Stefan Grundmann,Hans-W Micklitz
Publisher : Bloomsbury Publishing
Page : 393 pages
File Size : 46,7 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781509907564

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The European Banking Union and Constitution by Stefan Grundmann,Hans-W Micklitz Pdf

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

Advances in Computing and Data Sciences

Mayank Singh,Vipin Tyagi,P. K. Gupta,Jan Flusser,Tuncer Ören,V. R. Sonawane
Advances in Computing and Data Sciences Book PDF

Author : Mayank Singh,Vipin Tyagi,P. K. Gupta,Jan Flusser,Tuncer Ören,V. R. Sonawane
Publisher : Springer Nature
Page : 771 pages
File Size : 49,6 Mb
Release : 2021-10-22
Category : Computers
ISBN : 9783030814625

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Advances in Computing and Data Sciences by Mayank Singh,Vipin Tyagi,P. K. Gupta,Jan Flusser,Tuncer Ören,V. R. Sonawane Pdf

This two-volume book constitutes the post-conference proceedings of the 5th International Conference on Advances in Computing and Data Sciences, ICACDS 2021, held in Nashik, India, in April 2021.* The 103 full papers were carefully reviewed and selected from 781 submissions. The papers in Part I and II are centered around topics like distributed systems organizing principles, development frameworks and environments, software verification and validation, computational complexity and cryptography, machine learning theory, database theory, probabilistic representations database management system engines, data mining, information retrieval query processing, database and storage security, ubiquitous and mobile computing, parallel computing methodologies, and others. *The conference was held virtually due to the COVID-19 pandemic.

The Constitutional Foundations of European Contract Law

Kathleen Gutman
The Constitutional Foundations of European Contract Law Book PDF

Author : Kathleen Gutman
Publisher : Oxford University Press
Page : 561 pages
File Size : 54,9 Mb
Release : 2014-03
Category : Law
ISBN : 9780199698301

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The Constitutional Foundations of European Contract Law by Kathleen Gutman Pdf

Based on the author's thesis (Ph.D.)--University of Leuven, 2010.

The Organizational Contract

Stefan Grundmann,Fabrizio Cafaggi
The Organizational Contract Book PDF

Author : Stefan Grundmann,Fabrizio Cafaggi
Publisher : Routledge
Page : 399 pages
File Size : 45,7 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317022176

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The Organizational Contract by Stefan Grundmann,Fabrizio Cafaggi Pdf

This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

Modernisation of European Competition Law

Jules Stuyck,Hans Gilliams,Elke Ballon
Modernisation of European Competition Law Book PDF

Author : Jules Stuyck,Hans Gilliams,Elke Ballon
Publisher : Intersentia nv
Page : 214 pages
File Size : 41,9 Mb
Release : 2002
Category : Antitrust law
ISBN : 9789050952224

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Modernisation of European Competition Law by Jules Stuyck,Hans Gilliams,Elke Ballon Pdf

The idea of the Modernisation of European Competition Law had been launched by the Commission in late 2000 in a White Paper. The Commission proposed to decentralise the application of the EC competition rules: national authorities and judges would receive new competencies in this area. The modernisation process should dramatically change the scene. Current expectations are that there is a fair chance that the Commission's proposal will be adopted, with some amendments, by the Council before the end of 2002. Following the publication of the White Paper, the Leuven Centre for a Common Law of Europe decided to devote a conference to the subject of Modernisation of EC Competition Law in June 2001. At the time of the Conference, the modernisation idea had been followed by a draft Regulation implementing Articles 81 and 82 EC. This book contains the papers that were delivered at the conference. These papers examine the salient features of the proposed reform and discuss its consequences for European and national competition law and practice. Special emphasis is placed on private enforcement of EC antitrust rules. The editors added a general introduction, setting out the highlights of the modernisation debate, as it was conducted in Leuven. Therefore this book will help to understand this single most important reform of EC competition law since its conception. Contributions to this book are made by Thomas C. Arthur, Sir Christopher Bellamy, Ludo Cornelis, Wouter Devroe, Hans Gilliams, Luc Gyselen, Koen Lenaerts, Jules Stuyck, John Temple Lang, Marc van der Woude and Walter van Gerven.

The Need for a European Contract Law

J. M. Smits
The Need for a European Contract Law Book PDF

Author : J. M. Smits
Publisher : Europa Law Publishing
Page : 204 pages
File Size : 41,8 Mb
Release : 2005
Category : Civil law
ISBN : 9076871353

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The Need for a European Contract Law by J. M. Smits Pdf

The aim of this book is to discuss the need for a uniform contract law in Europe. At present it is debated to what extent uniformity of law is required from the economic perspective. The view of the European Commission seems to be that diversity of law stands in the way of a proper functioning of the internal market, but this view does not seem to be shared by business: in the reactions to the 'Communication on European Contract Law (2001), it was striking to see that most companies do not consider the present diversity to be a true barrier to trade. This book offers five different perspectives on the need for a uniform contract law. These perspectives include economics, behavioral law and economics, psychology and law.

The Politics of the Draft Common Frame of Reference

Alessandro Somma
The Politics of the Draft Common Frame of Reference Book PDF

Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
Page : 250 pages
File Size : 48,5 Mb
Release : 2009-01-01
Category : Law
ISBN : 9789041131416

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The Politics of the Draft Common Frame of Reference by Alessandro Somma Pdf

This collection of essays reflects both the diversity of the group's work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission's characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

The Principles of European Contract Law (Part III) and Dutch Law

Harriët N. Schelhaas
The Principles of European Contract Law Part III and Dutch Law Book PDF

Author : Harriët N. Schelhaas
Publisher : Kluwer Law International B.V.
Page : 306 pages
File Size : 45,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124951

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The Principles of European Contract Law (Part III) and Dutch Law by Harriët N. Schelhaas Pdf

The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.

Constructing Modern European Private Law

Ivan Sammut
Constructing Modern European Private Law Book PDF

Author : Ivan Sammut
Publisher : Cambridge Scholars Publishing
Page : 365 pages
File Size : 50,7 Mb
Release : 2016-09-23
Category : Law
ISBN : 9781443899956

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Constructing Modern European Private Law by Ivan Sammut Pdf

The Europeanisation of European Private Law (EPL) is an ongoing process that has gained momentum with the communautarisation of judicial cooperation in civil and commercial matters with the Amsterdam Treaty. This work examines the governance structure of EPL. It proves that more can be achieved towards the Europeanisation of private law through a new approach involving innovative modes of governance in EPL. In order to test this hypothesis, it is necessary to look at this exercise from three different angles. The first angle provides a study about the tools and the context with which one can further Europeanise private law and bridge the gaps between the main legal families, common law and civil law. The second angle encompasses a study of what has and what has not been achieved in the development of EPL by looking at both EU and non-EU initiatives. The final angle then examines the role of governance in the future development of EPL. As such, this study confirms that the further Europeanisation of EPL requires a multi-level mode of governance, confirming the traditional supra-national Community Method mode of governance in EPL with the introduction of intra-governmental innovative methods in EPL such as the Open Method of Coordination (OMC) and soft-law. These innovative modes, together with the traditional mode of governance, can take forward the development of EPL so that it can better serve the needs of the European legal community in the future.