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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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The Architecture of European Codes and Contract Law (Hardcover)
Loot Price: R6,646
Discovery Miles 66 460
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The Architecture of European Codes and Contract Law (Hardcover)
Series: Private Law European Context Set
Expected to ship within 10 - 15 working days
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The ongoing debate on the harmonisation of European contract law
has metamorphosed into an important recognition: that none of the
existing national systems of contract law, even the most 'modern,'
have been able to keep pace with the extensive and radical changes
in the world which contract law must reflect. 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 'architecture' 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: 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; 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, 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 book's overall commitment to an
integration of comparative law, EC law, and the debate on European
codification gives it both an authority and an immediacy that offer
interested 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, a model which
might serve as a basis for Europe-wide and perhaps even worldwide
discussion.
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