Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
|
Buy Now
General Clauses and Standards in European Contract Law - Comparative Law, EC Law and Contract Law Codification (Hardcover)
Loot Price: R3,961
Discovery Miles 39 610
|
|
General Clauses and Standards in European Contract Law - Comparative Law, EC Law and Contract Law Codification (Hardcover)
Series: Private Law European Context Set
Expected to ship within 9 - 15 working days
|
General clauses or standards (Generalklauseln, clauses generales)
are legal rules which are not precisely formulated, terms and
concepts which in fact do not even have a clear core. They are
often applied in varying degrees in various legal systems to a
rather wide range of contract cases when certain issues arise -
issues such as abuse of rights, unfairness, good faith, fairness of
duty or loyalty or honesty, duty of care, and other such contract
terms not lending themselves readily to clear or permanent
definition. Here, for the first time, is a systematic discussion of
this kind of rule in the evolving and dynamic context of European
contract law. A collection of twelve insightful essays by leading
European law authorities, the book is based on a conference
organized jointly by the Society of European Contract Law (SECOLA)
and l'Association Henri Capitant, held in the 'grande salle' of the
French Supreme Court in Paris in 2005. The subject is approached
along three distinct but interconnected avenues: comparative
contract law, in which the different models to be found among
Member States - particularly the Germanic, French, and English
common law systems - are explored with an eye to differences and
common ground; EC contract law, in which the general clause
approach has tended to focus on labour law and consumer law, and in
which the European Court of Justice more and more assumes the final
say; and, the European codification dimension, in which a potential
instrument on the European level would compete with national laws
and develop closely with them. The authors demonstrate that a focus
on general clauses in contract law, embracing as it does a wide
range of types of contracts, helps enormously with the necessary
integration of legal scholarship and economic approaches, and of
legal science and legal practice in the field. Numerous analytic
references to relevant cases and EC Directives give a practical
impetus to the far-reaching but immediately applicable theory
presented in this important book. As European contract law
continues to develop rapidly, this seminal contribution is sure to
increase in value and usefulness.
General
Is the information for this product incomplete, wrong or inappropriate?
Let us know about it.
Does this product have an incorrect or missing image?
Send us a new image.
Is this product missing categories?
Add more categories.
Review This Product
No reviews yet - be the first to create one!
|
|
Email address subscribed successfully.
A activation email has been sent to you.
Please click the link in that email to activate your subscription.