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Commentaries on European Contract Laws (Hardcover)
Loot Price: R18,402
Discovery Miles 184 020
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Commentaries on European Contract Laws (Hardcover)
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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.
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