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The French projet d'ordonnance, which reformed contract law, the
general regime of obligations and the proof of obligations appeared
in February 2015. One year later, in February 2016, the final
version of the ordonnance was published. The ordonnance thoroughly
reforms French contract law and the law of obligations and will
enter into force in October 2016.This book results from the
Contract Law Workshop of the 20th Ius Commune Conference held 26-27
November 2015. The theme of this Workshop was: 'The French Contract
Law Reform: a Source of Inspiration?' Since the conference in
November 2015, all authors have incorporated comments on the final
version of the ordonnance. Whereas Van Loock briefly sketches the
antecedents and the outcome of the reform, the other authors each
tackle specific topics of the reform that surprised and/or excited
the legal community. Pannebakker tackles the precontractual phase
and assesses the attractiveness of the reform for international
commercial transactions. Peeraer gives a critical overview of the
doctrine of nullity in the ordonnance. Leone explores the potential
impact of the 'significant imbalance' test in the new ordonnance on
employment contracts. In their contributions, Lutzi and Oosterhuis
discuss the much-debated provision that introduces the theory of
imprvision. The contributions by Jansen and Verkempinck are both
focused on remedies: the newly introduced price reduction remedy
and damages. Storme criticises the new rules on set-off in the
ordonnance, and Mah addresses the question why the final version of
the ordonnance omitted the issue of interpersonal effects of
fundamental rights on contractual freedom.
Digital Content & Distance Sales analyses three legal
instruments proposed by the European Commission in the context of
its Digital Single Market Strategy, which has recently become one
of its priorities. The proposed instruments are: (1) a directive
for the supply of digital content; (2) a directive for the online
and other distance sales of goods; and (3) a regulation on
cross-border portability of online content services in the internal
market. This book takes a combined approach of setting out the
broader legislative and political context of the proposed legal
instruments, giving the reader a general overview of the background
and subsequent impact of the proposals, and indepth analyses of
specific aspects, advantages and challenges. Through this approach,
the authors offer valuable insight into key areas of legal
development.This book will be useful to academics and practitioners
working in contract law, particularly European contract law.
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