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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Torts / delicts
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EU Private Law and the CISG - The Effects for National Law (Hardcover)
Loot Price: R4,146
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EU Private Law and the CISG - The Effects for National Law (Hardcover)
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EU Private Law and the CISG examines selected EU directives in the
field of private law and their effects on the national private law
systems of several EU Member States and discusses certain specific
concepts of the United Nations Convention on Contracts for the
International Sale of Goods (CISG) in light of the CISG's recent
fortieth anniversary. The most prominent influence of EU law on
national private law systems is in the area of the law of
obligations, thus the book focuses on several EU private law
directives that cover the issues belonging to contract and tort
law, as interpreted in the case law of the Court of Justice of the
EU. EU private law concepts need to be interpreted autonomously and
uniformly rather than through the lens of national private law
systems. The same is true for the CISG which has not only been one
of the most successful instruments of the international trade law
unification but had also influenced both the EU private law and
domestic laws. In Part I, focused on the EU private law and its
effects for national laws, chapters examine the recent Digital
Content and Services Directive and its likely impact on the
contract law of the UK and Ireland, the role aggressive commercial
practices play in EU banking and credit legislation, the
applicability of the EU private international law rules to
collective redress, the unfair contract terms regime of the Late
Payment Directive and its transposition into Croatian law, the
implementation of the Commercial Agency Directive in Denmark,
Estonia and Germany, and disgorgement of profits as remedy provided
in the Trade Secrets Directive. In Part II, dealing with selected
CISG issues, chapters discuss the autonomous interpretation of
CISG's concept of sale by auction and its notion of intellectual
property, as well as the CISG's principle of freedom of form and
the possibility for reservations with the effect of its exclusion.
The book will be of interest to legal scholars in the field of EU
private law and international trade law, as well as to the
students, practitioners, members of law reform bodies, and civil
servants in Europe, and beyond.
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