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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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European Contract Law and German Law (Hardcover)
Loot Price: R8,293
Discovery Miles 82 930
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European Contract Law and German Law (Hardcover)
Expected to ship within 10 - 15 working days
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The newest volume in Kluwer's series of comparative analyses of
Member State law and the Principles of European Contract Law
(PECL), this book not only provides an introduction to German law
for lawyers familiar with the PECL but also serves as a model for
"reconnecting" the contract law of the European Union with that of
the Member States. Although the Principles were by design distilled
from the laws of the Member States, one of the arguments most
frequently advanced for opposing the introduction of a EU contract
law is that it would not be in line with national principles of
contract law. The in-depth comparison presented here may help to
refute or confirm such doubts and serve as a yardstick to measure
how far EU law really has disconnected from the traditions of the
Member States. Using a straightforward comparative method, the
analysis not only reveals a significant area of convergence between
the PECL and German contract law, but also highlights the main
differences between the two bodies of rules. The reasons for these
differences, both legal and non-legal (historical, social,
economic), are clearly set forth. Aspects of the relevant laws
covered include the following: scope of application, general
duties, terminology; offer and acceptance, liability for
negotiations; effects of assignment; remedies for non-performance
(right to performance, withholding performance, termination of the
contract, price reduction, damages and interest); representation by
agents; plurality of debtors and/or creditors; order of priority
among assignee and competing claimants; transfer of contract or
contractual position; and periods of prescription.
General
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