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This book presents a critical analysis of the rules on the contents
and effects of contracts included in the proposal for a Common
European Sales Law (CESL). The European Commission published this
proposal in October 2011 and then withdrew it in December 2014,
notwithstanding the support the proposal had received from the
European Parliament in February 2014. On 6 May 2015, in its
Communication 'A Digital Single Market Strategy for Europe', the
Commission expressed its intention to "make an amended legislative
proposal (...) further harmonising the main rights and obligations
of the parties to a sales contract". The critical comments and
suggestions contained in this book, to be understood as lessons to
learn from the CESL, intend to help not only the Commission but
also other national and supranational actors, both public and
private (including courts, lawyers, stakeholders, contract parties,
academics and students) in dealing with present and future European
and national instruments in the field of contract law. The book is
structured into two parts. The first part contains five essays
exploring the origin, the ambitions and the possible future role of
the CESL and its rules on the contents and effects of contracts.
The second part contains specific comments to each of the model
rules on the contents and effects of contracts laid down in Chapter
7 CESL (Art. 66-78). Together, the essays and comments in this
volume contribute to answering the question of whether and to what
extent rules such as those laid down in Art. 66-78 CESL could
improve or worsen the position of consumers and businesses in
comparison to the correspondent provisions of national contract
law. The volume adopts a comparative perspective focusing mainly,
but not exclusively, on German and Dutch law.
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Immoral Contracts in Europe (Paperback)
Aurelia Colombi Ciacchi, Chantal Mak, Zeeshan Mansoor, Mauro Bussani, Ugo Mattei; Contributions by …
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R4,223
Discovery Miles 42 230
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Ships in 12 - 17 working days
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Contracts are illegal not only when they contravene specific legal
rules, but also when they are considered immoral or contrary to
public policy. In this way rules of contract law also influence the
exceptional and sometimes fragile relationship between law and
morality. They determine which issues can be made the subject of a
legally valid and enforceable agreement according to the values
underlying the legal order to which they pertain. But despite their
geographic proximity, shared history and common aim of a strong EU
internal market there are remarkable differences in the underlying
values of many European legal systems. This book brings together a
group of well renowned contract lawyers that analyse how their own
legal systems deal with 12 interesting cases of morally dubious
agreements, including for example suretyships, conditional
contracts of succession, nuptial agreements, surrogacy agreements,
contracts for sex work and, of course, usurious contracts. All
inspired by real litigations adjudicated by courts and covering the
questions of validity and enforceability, as well as the
availability of remedies. To give a comprehensive picture of
immoral contracts across Europe, the national perspectives are
complemented by chapters providing historical insights as well as
an EU perspective. Throughout the book comprehensive analysis of
the findings offers crucial insights into divergences and
convergences and the decisive factors driving European thinking.
This book presents a critical analysis of the rules on the contents
and effects of contracts included in the proposal for a Common
European Sales Law (CESL). The European Commission published this
proposal in October 2011 and then withdrew it in December 2014,
notwithstanding the support the proposal had received from the
European Parliament in February 2014. On 6 May 2015, in its
Communication 'A Digital Single Market Strategy for Europe', the
Commission expressed its intention to "make an amended legislative
proposal (...) further harmonising the main rights and obligations
of the parties to a sales contract". The critical comments and
suggestions contained in this book, to be understood as lessons to
learn from the CESL, intend to help not only the Commission but
also other national and supranational actors, both public and
private (including courts, lawyers, stakeholders, contract parties,
academics and students) in dealing with present and future European
and national instruments in the field of contract law. The book is
structured into two parts. The first part contains five essays
exploring the origin, the ambitions and the possible future role of
the CESL and its rules on the contents and effects of contracts.
The second part contains specific comments to each of the model
rules on the contents and effects of contracts laid down in Chapter
7 CESL (Art. 66-78). Together, the essays and comments in this
volume contribute to answering the question of whether and to what
extent rules such as those laid down in Art. 66-78 CESL could
improve or worsen the position of consumers and businesses in
comparison to the correspondent provisions of national contract
law. The volume adopts a comparative perspective focusing mainly,
but not exclusively, on German and Dutch law.
Private persons often stand surety for a business debt incurred by
family members, friends, or employers. These suretyships are
commonly banking guarantees contracted by means of standard terms.
Sometimes the guarantor signs the contract while he/she is not
aware of the financial risk related to the guarantee. He or she may
not even know what a suretyship is. But in other circumstances the
guarantor may be well aware of the risk, but may nonetheless assume
it because of strong emotional ties which exist between him/her and
the main debtor. How, then, (if at all) does the law address the
potential for 'unfairness' in such situations?
Some systems choose to rely on objective criteria, such as
identification of a manifest disproportion between the guaranteed
amount and the surety's income and assets, while others are more
open to subjective inquiry. The key point is variation. Different
jurisdictions in Europe operate different models with different
priorities.
This book provides a comparative overview of the remedies against
unfair obligations of non-professional guarantors available in 22
EU Member States, based on a questionnaire which has been completed
by an expert in each particular jurisdiction and covering both
legal rules and the economic context of different credit markets
and banking practices.
This volume provides a comprehensive analysis of civil liability
for invasion of personality interests in Europe. It is the final
product of the collaboration of twenty-seven scholars and includes
case studies of fourteen European jurisdictions, as well as an
introductory chapter written from a US perspective. The case
studies focus in particular on the legal protection of honour and
reputation, privacy, self-determination and image. This volume aims
to detect hidden similarities (the 'common core') in the actual
legal treatment accorded by different European countries to
personal interests which in some of these countries qualify as
'personality rights', and also to detect hidden disparities in the
'law in action' of countries whose 'law in the books' seem to
protect one and the same personality interest in the same way.
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