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Uniform Rules for European Contract Law? : a Critical Assessment.
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
London :
Bloomsbury Publishing PLC,
2018.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro; Contents; Contributors; Table of Cases; Table of Legislative Instruments; Table of Abbreviations; 1. The First Stage of Modern European Contract Law; 2. The Role for European Contract Law: Uniformity or Diversity?; I. Introduction; II. Rules are Not Enough; III. Intended Function and Form; IV. Diversity in Substance; V. The Future; VI. Conclusions; Part I: Uniform Rules for the Internal Market; 3. Ius Commune and Contract Law; I. Roman Contract Law; II. The Civilians; III. The Canonists; IV. The Interaction Between the Ius Commune and the Local Law; V. Conclusion.
- 4. Optimal Standards for the Single Market: A Law and Economics ApproachI. Introduction: Legal Diversity and the Single Market; II. The Role of Harmonisation of Legal Rules and Standards; III. Full vs Minimum Harmonisation and Co-Existence of Standards; IV. A Preliminary Assessment of the Various Modes of Harmonisation; V. Conclusions; 5. Non-national Rules in the Arbitration of Commercial Contracts; I. Introduction; II. Law Applicable to the Substance of the Case; III. Conclusion; Part II: Uniform Rules for National Legislators and Courts.
- 6. The Modernisation of the Law of Obligations Using the Principles of European Contract LawI. Introduction; II. Advantages and Disadvantages of a Uniform Contract Law; III. Judicial Governance; IV. Final Thoughts; 7. Uniform Rules as Guidelines for National Courts and Legislatures: The German Experience; I. Introduction; II. The Reception of Uniform Contract Law in the Reform of the German Law of Obligations; III. The Lack of a Judicial Response to Uniform Law; IV. Uniform Contract Law: A Model for Legislatures, but not for Courts; V. Conclusion.
- 8. National Reforms: New Instruments Towards Converging Rules within Europe? The Example of the French Contract Law Reform (2016)I. Introduction; II. Preliminary Reflections on the European Context; III. Uniform Rules: A Source of Inspiration for the French Legislator; IV. Soft Law Instruments: A Source of Inspiration for the Application of the French Reform-Selection of Issues Related to Party Autonomy; V. Conclusion; Part III: Uniform Rules to Bridge the Gap between the Common Law and the Civil Law; 9. The Rise of EU Consumer Law between Common Law and Civil Law Legal Traditions.
- I. IntroductionII. Three Different Approaches towards Harmonisation; III. Harmonisation of Contract Law in the European Union; IV. Concluding Remarks; 10. Bridging the Gap: The CISG as a Successful Legal Hybrid between Common Law and Civil Law?; I. Introduction; II. CISG Essentials; III. Traits of the CISG and its Origins; IV. Success of the CISG in Legal Practice and as a Legislative Reference Model; V. Success of the CISG as the Best Possible Legal Solution?; VI. Conclusion; 11. The Sources and Effects of Contractual Terms: Towards an Approximation of Common Law and Civil Law.