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This is the third edition of the widely acclaimed and successful
casebook on contract in the Ius Commune series, developed to be
used throughout Europe and beyond by anyone who teaches, learns or
practises law with a comparative or European perspective. The book
contains leading cases, legislation and other materials from
English, French and German law as the main representatives of the
legal traditions within Europe, as well as EU legislation and case
law and extracts from the Principles of European Contract Law.
Comparisons are also made to other international restatements such
as the Vienna Sales Convention, the UNIDROIT Principles of
International Commercial Contracts, the Draft Common Frame of
Reference and so on. Materials are chosen and ordered so as to
foster comparative study, complemented with annotations and
comparative overviews prepared by a multinational team. The third
edition includes many new developments at the EU level (including
the ill-fated proposal for a Common European Sales Law and further
developments linked to the digital single market) and in national
laws, in particular the major reform of the French Code civil in
2016 and 2018, the UK's Consumer Rights Act 2015 and new cases. The
principal subjects covered in this book include: An overview of EU
legislation and of soft law principles, and their interrelation
with national law The distinctions between contract and property,
tort and restitution Formation and pre-contractual liability
Validity, including duties of disclosure Interpretation and
contents; performance and non-performance Remedies Supervening
events Third parties.
This text provides a comprehensive guide to the principles of
European contract law. They have been drawn up by an independent
body of experts from each Member State of the EU, under a project
supported by the European Commission and many other organizations.
The principles are stated in the form of articles, with a detailed
commentary explaining the purpose and operation of each article and
its relation to the remainder. Each article also has extensive
comparative notes surveying the national laws and other
international provisions on the topic. "The Principles of European
Contract Law Parts I & II" cover the core rules of contract:
formation, authority of agents, validity, interpretation, contents,
performance, non-performance and remedies. The articles previously
published in Part I (1995) are included in a revised and re-ordered
form. Throughout Europe there is great interest in developing a
common European legal culture. The European Parliament has twice
called for the creation of a European Civil Code. The principles of
European contract law are essential steps in these projects.
Among the most significant legal developments of our time is the
emergence of a European private law. The European Union has enacted
regulations and directives which profoundly affect the practice,
teaching and study of core areas of 'classical' private law. Within
Europe, commissions have formulated principles of European
contract, tort, family and insolvency law as well as aspects of
commercial law. Furthermore, uniform private law can be found in a
number of international conventions and sets of principles. This
second edition gathers together fundamental texts from these three
sources into one convenient volume. Its emphasis is on general
civil and commercial law, particularly on the obligations and
property aspects of these. This second edition is a sister volume
to the original German edition, now in its 5th edition.
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