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Author : Kathleen Gutman
Publisher : Oxford University Press
Page : 561 pages
File Size : 52,6 Mb
Release : 2014-03
Category : Law
ISBN : 9780199698301
Based on the author's thesis (Ph.D.)--University of Leuven, 2010.
Author : Roger Brownsword,Hans-W Micklitz,Leone Niglia,Stephen Weatherill
Publisher : Bloomsbury Publishing
Page : 499 pages
File Size : 50,6 Mb
Release : 2011-09-19
Category : Law
ISBN : 9781847317902
There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Author : Martijn W. Hesselink
Publisher : Oxford University Press
Page : 513 pages
File Size : 50,6 Mb
Release : 2021-06-22
Category : Law
ISBN : 9780192655738
This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.
Author : Stefan Grundmann
Publisher : Kluwer Law International B.V.
Page : 288 pages
File Size : 47,6 Mb
Release : 2008-06-27
Category : Law
ISBN : 9789041145277
Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all-encompassing basis.
Author : Chantal Mak
Publisher : Kluwer Law International B.V.
Page : 399 pages
File Size : 51,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041126719
Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.
Author : Trevor C. Hartley
Publisher : Oxford University Press, USA
Page : 573 pages
File Size : 49,6 Mb
Release : 2014
Category : Law
ISBN : 9780199681457
Recoge: 1.European Union institutions - 2. The Union legal system - 3.Union law and the member states - 4. Administrative law.
Author : Hugh Collins
Publisher : Intersentia Limited
Page : 0 pages
File Size : 50,8 Mb
Release : 2017
Category : Charter of Fundamental Rights of the European Union
ISBN : 1780684339
A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.
Author : Nils Jansen,Reinhard Zimmermann
Publisher : Oxford University Press
Page : 2250 pages
File Size : 41,6 Mb
Release : 2018-07-12
Category : Law
ISBN : 9780192508003
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.
Author : SECOLA Conference
Publisher : Unknown
Page : 159 pages
File Size : 49,7 Mb
Release : 2014
Category : Contracts
ISBN : 1780685432
In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law. The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft ' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law
Author : Stefan Grundmann
Publisher : European Contract Law and Theory
Page : 400 pages
File Size : 47,7 Mb
Release : 2021-03
Category : Electronic
ISBN : 1780689659
The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.00The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.00The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.
Author : Trevor Hartley
Publisher : Oxford University Press, USA
Page : 571 pages
File Size : 48,5 Mb
Release : 2010-08-05
Category : Language Arts & Disciplines
ISBN : 9780199566754
Rev. ed. of : The foundations of European Community law / by T.C. Hartley. 6th ed. c2007.
Author : Carlos Closa,Dimitry Kochenov
Publisher : Cambridge University Press
Page : 357 pages
File Size : 41,5 Mb
Release : 2016-10-13
Category : Law
ISBN : 9781107108882
This book provides an analysis of key approaches to rule of law oversight in the EU and identifies deeper theoretical problems.
Author : Trevor C. Hartley
Publisher : Oxford University Press, USA
Page : 560 pages
File Size : 55,6 Mb
Release : 1988
Category : Language Arts & Disciplines
ISBN : UOM:39015019372211
Previous edition, 1st, published in 1981.
Author : Armin von Bogdandy,Jurgen Bast
Publisher : Hart Pub Limited
Page : 806 pages
File Size : 48,6 Mb
Release : 2011
Category : Law
ISBN : 1849462119
This volume presents European constitutional law not as a theoretical construct but as binding law. While politicians wrestle with the Constitutional Treaty, this volume presents European constitutional law as it stands, setting out its theoretical and doctrinal fundamentals from the perspective of German-speaking scholarship.
Author : Kathleen Gutman
Publisher : OUP Oxford
Page : 500 pages
File Size : 42,9 Mb
Release : 2014-12-18
Category : Law
ISBN : 9780191025471
Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law. It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting. Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.