This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.

Rome is where the history of European architecture was written. The foundations were laid in ancient Roman times when the first attempts were made to design interiors which could be experienced as something physical. Ancient Roman architects also started to develop building types that are still valid today, thus creating the cornerstone of later Western architecture. This guide has been arranged chronologically. Every epoch is preceded by an introduction that identifies its key features. This produces a continuous, lavishly illustrated history of the architecture of Rome, indeed, the whole of the West. The book includes an alphabetical index and detailed maps, whose information does not just immediately illustrate the historical picture, but also makes it possible to choose a personal route through history. In order to clarify the historical development, the key buildings of each period and other major works are emphasised both in the text and on the maps.

Der vorliegende Band präsentiert die Beiträge der Tagung zum Thema "Elektronische Wertpapiere", die das Institut für das Recht der Digitalisierung (IRDi) 2021 in Berlin veranstaltete. Das "Gesetz über elektronische Wertpapiere" (eWpG) folgt dem Weg anderer Staaten hin zur Dematerialisierung des Wertpapierrechts, indem es das Erfordernis einer traditionellen Wertpapierurkunde aufgibt und damit einen wesentlichen Beitrag zur Modernisierung und Digitalisierung des deutschen Wertpapierrechts leistet. Ein besonderer Fokus liegt auf den mittels Distributed Ledger-Technologien emittierten sog. Kryptowertpapieren, für die das eWpG einen kodifizierten rechtlichen Rahmen geschaffen hat. Die Verfasser des Tagungsbandes sind Spezialisten aus Wissenschaft und Praxis. Sie unterziehen das eWpG einer kritischen Analyse für praxisgerechte Regulierungen. Der Tagungsband berücksichtigt neben zivil- und aufsichtsrechtlichen Aspekten auch die ökonomischen und internationalen Bezüge.

"This book is an attempt at architectural criticism" that is how Robert Venturi opened the discussion on Post-Modernism in architecture in Complexity and Contradiction in Architecturea generation ago. And this was a typical beginning. Criticism of the Modern movement by architects like Le Corbusier Mies van der Rohe and to extent Frank Lloyd Wright as well that had preceded it was central to Post-Modernism. Soon the architectural historians joined in with the architects, particularly Charles Jencks in the English-speaking world and Heinrich Klotz in Germany. Here too Post-Modern-ism was the start, with three fundamental critical points about Modernism: fundamental emptiness of its architecture, its lack of relation to its surroundings and its overemphasis of functionalism against decoration. And so, even if one does not use pamphlets like Tom Wolfe's or Jencks' early work as a yardstick, the image of the buildings by what are still the best-known architects of our century is strongly overshadowed. The truth is that the International Style reflects the basic forces that architecture can express extraordinarily impressively and al-ways with decided interplay, and thus also with a pronounced unity of effect; and additionally it develops these formal values especially intensively from content. Traditionally such things are called classical. What followed this, the whole spectrum of styles from late Modernism via High-Tech and Deconstructivism to Post-Modernism is all a reaction to the unity of the International Style: either one point in terms of form or content is taken out, exaggerated and thus made into its opposite, or such a point is consciously negated. Until now this phenomenon has been known as Mannerism to art historians. What is characteristic of Baroque as the period after High Renaissance Classicism and Mannerism is less clear; in any case, entirely positive aspects of both found their way into Baroque, and undoubtedly the latter is closer to High Re-naissance Classicism in spirit than to Mannerism. Cannot similar things be seen in the last bare decade of architectural develop-ment? The foundations for this book were laid during a good year's re-search at the University of California in Berkeley. The author now holds a chair at the Martin-Luther-Universitat Halle-Wittenberg.

German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series a oe20th Century German Civil Law Instructors Described by their Studentsa that was held at the Humboldt-UniversitAt Berlin, the Europa-UniversitAt Viadrina at Frankfurt (Oder), and the Ruhr-UniversitAt Bochum.

This compilation of texts on European private law makes available to both students and practitioners alike a comprehensive paperback edition of good value focused on the core fields of European private law: contract law, employment law, and corporate law. This edition's special advantage is that it is available in one volume.

The current financial crisis is preoccupying business and politics like no prior crisis. The economic effects are being felt on global, European, and national levels and are forcing governments to take extreme counter-measures. The long-term goal is not merely stabilization but rather to stabilize the financial system. System stability requires a regulatory framework that can comprehensively prevent possible future crises. For the first time at a conference held at the Humboldt-University in Berlin, leading experts from the legal and economic academic fields discussed the common effects and impact of the financial crisis on the (future) economic system.

German civil law political theory is not in high demand these days. However, political theory is important for establishing an overall picture of German civil law and portraying an image of German civil law to Europe and beyond. This is especially true in times when ideas are widely circulated and the circulation itself can be useful for influencing transnational legal realities. The collected essays on German civil law instructors presented in this work aim to contribute to just such a political theory. This two volume edition is based on the lecture series a oe20th Century German Civil Law Instructors Described by their Studentsa that was held at the Humboldt-UniversitAt Berlin, the Europa-UniversitAt Viadrina at Frankfurt (Oder), and the Ruhr-UniversitAt Bochum.

[Writings pertaining to European and international private, banking and commercial law] Europeanization and internationalization challenge the realm of jurisprudence to an extraordinary degree. The division in special fields and the relationship with other social sciences necessitate critical reevaluation in view of many interactions. Cross-references between commercial law regulation and private, autonomous arrangement distinctly show this development. Jurisprudence emerging beyond Germany has to deal with such challenges. The law of financial services serves as an example of the cross-section material from private law and (public) commercial law. This takes into account the series at hand in terms of content and method. In addition to banking, capital market and financial law as the main emphasis, corporate law, competition & cartel law, intangible property rights, insolvency law and also labor law show similar overlaps. The intensive internationally-oriented treatment of the overlaps of classical private law - in particular contractual law - and commercial law promise a bountiful yield, especially on the European level under the summarizing aspect of corporate law. The outstanding monography also finds its place in the series, as well as the conference volume, works in German and also occasional works in English. There are economically-aligned works in addition to juridical works constituting the main emphasis. Works pertaining to Europeanization and internationalization are compiled in the series, which convey commercial law and commercially-conceived private law in an outstanding manner.

Die Frage nach der Privatautonomie und ihren Grenzen spielt seit jeher eine bedeutende Rolle in den nationalen Vertrags- und Privatrechten. Auf europaischer Ebene dominieren Regeln, die zwar die Informationenpreisgabe zwingend vorschreiben, die Bestimmung des Vertragsinhalts dann jedoch wieder den Parteien uberantworten. Dieses Grundsatzthema uber Geist und Funktionieren des Binnenmarktes, mit dem nach einer moeglichst weitgehenden Erhaltung von Freiheit bei gleichzeitiger Verburgung der notwendigen Schutzziele gefragt ist, ist Gegenstand des vorliegenden Bandes. Es wird hier von Rechtswissenschaftlern und OEkonomen aus verschiedenen Mitgliedstaaten und den U.S.A. eroertert. Zentraler Betrachtungsgegenstand ist die Informationsregel und ihre Ausgestaltung. Insgesamt vereint der Band zweierlei, zum einen die Grundsatzdiskussion - rechtswissenschaftlich, europarechtlich und oekonomisch - zum Regelungsansatz im Recht des Binnenmarkthandels und zum wichtigsten Instrument, der Informationsregel mit ihrer freiheitserhaltenden Grundausrichtung. Andererseits bietet er eine dogmatische Aufbereitung wesentlicher Teile des Rechts des Binnenmarkthandels, des Europaischen Schuldvertragsrechts.

General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise - issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here, for the first time, is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'Association Henri Capitant, held in the 'grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States - particularly the Germanic, French, and English common law systems - are explored with an eye to differences and common ground; EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; and, the European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

European Sales Law: Challenges in the 21st Century covers more than two decades of EU sales law history. When the project of a full-fledged (optional) EU Sales Law Code failed, the central ideas were taken up in preparing the 2019/770 Digital Content Directive and the 2019/771 Sale of Goods Directive. The digital content part attracted considerably more attention whereas the sales part arguably included the more doctrinal and foundational reform of EU Sales Law, first enshrined in the 1999/44 Directive. This volume focuses on the sales reform. After 20 years, the novelties range from more detailed structures, to completely new phenomena such as goods with digital components, as well as innovative policies like sustainability in the design of contract law. The contributions discuss important aspects of this doctrinal and policy design-oriented reform of EU sales law. The volume also examines the system-building in this renewal and in the challenges ahead, as well as the changes still needed to complete such policy reform. Proposed changes range from a new typology of goods to their modified conformity criteria, and continues with the context of networks of distribution contracts and the remedies all now more related to durability and digital contexts. Finally, the book discusses the radical alternative, i.e. servitisation contracts, which put goods at permanent disposal for sharing.

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.

This compilation of texts on European private law makes available to both students and practitioners alike a comprehensive paperback edition of good value focused on the core fields of European private law: contract law, employment law, and corporate law. This edition's special advantage is that it is available in one volume.

Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law." European Contract Law has become extremely dynamic over the last 10 years, both in substance and perspective: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification.
On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed:
- Fundamental Freedoms,
- Fundamental rights and
- Constitutional system building principles- such as the social welfare state or the rule of law.
Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane."
For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law." Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

The ongoing debate on the harmonisation of European contract law has metamorphosed into an important recognition: that none of the existing national systems of contract law, even the most 'modern,' have been able to keep pace with the extensive and radical changes in the world which contract law must reflect. The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential 'architecture' of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; the apparent necessity to merge consumer contract law (i.e., such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and, the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors' perspectives cover a wide range of jurisdictions, including new EU Member States. The book's overall commitment to an integration of comparative law, EC law, and the debate on European codification gives it both an authority and an immediacy that offer interested practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far, a model which might serve as a basis for Europe-wide and perhaps even worldwide discussion.

The Contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book achieves three things: For the first time, European academia is discussing these three options in an extensive and systematic way - with pros and cons, in a transparent and systematic way, along broad lines and often also important details. The book contains the views of all protagonists - from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. And it is the first book in which the optional Code, which is the alternative most likely to come, is thoroughly analysed at all. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code. It is the Academic Green Paper on European Contract Law.

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.

In 2012, at the height of the sovereign debt crisis, European decision makers pushed for developing an 'ever closer union' with the formation of a European Banking Union (BU). Although it provoked widespread debate, to date there has been no coherent discussion of the political and constitutional dimensions of the European Banking Union. This important new publication fills this gap. Drawing on the expertise of recognised experts in the field, it explores banking union from legal, economic and political perspectives. It takes a four-part approach. Firstly, it sets the scene by examining the constitutional foundations of banking union. Then in parts 2 and 3, it looks at the implications of banking union for European integration and for democracy. Finally it asks whether banking union might be more usefully regarded as a trade-off between integration and democracy. This is an important, timely and authoritative collection.