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The New German Law of Obligations - Historical and Comparative Perspectives (Hardcover, New)
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The New German Law of Obligations - Historical and Comparative Perspectives (Hardcover, New)
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On 1 January 2000 the German Civil Code (BGB) became one hundred
years old. It had been remarkably resilient throughout a century
marked by catastrophic upheavals and a succession of fundamentally
different political regimes. Two years later, however, the most
sweeping individual reform ever to have affected the Code entered
into force. This was the Modernization of the Law of Obligations
Act: triggered by the necessity to implement the European Consumer
Sales Directive, but going far beyond what was required by the
European Community. The most important practical implication of the
Modernization Act is the fundamental reform of the German law of
prescription. However, the most remarkable feature of the revised
BGB in terms of innovative doctrine is the new regime concerning
liability for general non-performance, and for non-conformity in
sales law. Radically, the face of the BGB has been changed by the
incorporation of a number of special statutes aiming at the
protection of consumers. The draftsmen of the new law have thus
made an effort to streamline, or harmonize, general contract law
and consumer contract law. The four topics covered in Chapters 2-5
of the book are prescription, remedies for non-performance,
liability for non-conformity, and consumer contract law. In all
these cases a historical or comparative perspective is adopted in
order to analyze and assess the new rules of German law. Even in
its radically new form the German Civil Code continues to be a
characteristic manifestation of German legal culture. At the same
time, however, the reform has moved German contract law
considerably closer to European thinking patterns. Termed 'a
milestone on the path towards a European Civil Code', this book
offers a unique and authoritative insight into the new German law
of obligations.
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