The Principles of European Contract Law (Part III) and Dutch Law: A Commentary II, Volume 2Kluwer Law International B.V., 2006 M01 1 - 292 pages 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. |
Contents
Plurality of Creditors | 54 |
ASSIGNMENT OF CLAIMS | 77 |
Effects of Assignment as Between Assignor and Assignee | 92 |
Effects of Assignment as Between Assignee and Debtor | 105 |
Order of Priority Between Assignee and Competing Claimants | 126 |
Transfer of Contract | 142 |
PRESCRIPTION | 167 |
Extension of Period | 198 |
Renewal of Period | 225 |
Modification by Agreement | 239 |
CONDITIONS | 259 |
CAPITALISATION OF INTEREST | 273 |
LIST OF AUTHORS | 291 |