The Architecture of European Codes and Contract LawThe 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.
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Contents
Chapter | 4 |
FORMATION OF CONTRACT | 25 |
Part II | 31 |
CONTENT PERFORMANCE AND BREACH | 42 |
Chapter 3 | 51 |
Structural Elements in the Contract Law Parts of the German | 57 |
THE LAW OF OBLIGATIONS IN THE | 68 |
SOME CORE EXAMPLES | 75 |
THE ROLE OF CONSUMER LAW FOR A EUROPEAN | 214 |
12 | 219 |
DISTANCE SELLING | 225 |
Chapter 13 | 235 |
VERTRAGLICHES VERBRAUCHERSCHUTZRECHT | 243 |
LĂ–SUNGSANSATZ | 253 |
14 | 255 |
EXAMPLES OF EXCESSIVE INSTRUMENTALISATION | 261 |
CONCLUSIONS | 81 |
THE SYSTEM GOVERNING THE ABGB | 86 |
CONCLUSION OF CONTRACTS | 92 |
CONCLUSIVE REMARKS | 101 |
S Grundmann M Schauer eds The Architecture of European Codes and Contract Law 330 | 105 |
PATRIMONIAL LAW | 108 |
CONCLUDING REMARKS | 115 |
SOME THEORETICAL CONCLUSIONS OF | 120 |
CONCLUSION | 127 |
7 | 129 |
DAS VERBRAUCHERSCHUTZRECHT UND | 138 |
PERSPEKTIVEN DER ENTWICKLUNG | 148 |
8 | 153 |
Part III | 157 |
CIVIL LAW AND ECONOMIC REASONING | 169 |
TESTING THE THEORY PRELIMINARY COMMENTS | 176 |
TESTING THE THEORY AGAIN THE CASE | 181 |
CONCLUSION | 189 |
10 | 193 |
LINSTITUTION DUN CODE DE LA CONSOMMATION | 199 |
Chapter 11 | 205 |
CONCLUSIONS | 267 |
15 | 271 |
MAXIMAL HARMONIZATION | 273 |
ALERT TO THE CONSEQUENCES OF ADOPTING | 279 |
Formation of Contract and Precontractual Information | 281 |
16 | 283 |
2 | 289 |
CONCLUDING REMARKS | 296 |
17 | 301 |
THE BASIC RULE | 303 |
286 | 315 |
A DUTY OF FAIR DEALING? | 317 |
PRECONTRACTUAL DUTIES TO INFORM | 331 |
291 | 332 |
Chapter 19 | 339 |
THE SECOND CIRCLE INCOMPLETE | 346 |
THE GENERAL SANCTIONS IN CASE OF | 352 |
THE FOURTH CIRCLE IS THERE | 355 |
THE PRECONTRACT | 361 |
CONCLUSIONS | 371 |
Other editions - View all
The Architecture of European Codes and Contract Law Stefan Grundmann,Martin Schauer Limited preview - 2006 |
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References to this book
Making European Private Law: Governance Design Fabrizio Cafaggi,Horatia Muir Watt Limited preview - 2010 |