The Architecture of European Codes and Contract Law

Front Cover
Stefan Grundmann, Martin Schauer
Kluwer Law International B.V., 2006 M01 1 - 374 pages

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.

 

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
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