Obligations and special contracts 34 results

34 results

  1. Common Core, PECL and DCFR: could they change shipping and transport law?

    Common Core, PECL and DCFR: could they change shipping and transport law?

    Book | 1st edition 2015 | World | Wouter Verheyen, Frank Smeele, Marian Hoeks
    The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed.
    €69.00 incl. VAT
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  2. Rules and Principles in European Contract Law

    Rules and Principles in European Contract Law

    Book | 1st edition 2015 | Europe | Jacobien Rutgers, Pietro Sirena
    This book brings together the papers presented at the Society of European Contract Law’s 13th annual conference. It discusses the effect of constitutional principles, common principles to the laws of the EU Member States and whether common principles can be transferred into rules.
    €56.00 incl. VAT
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  3. Exemptions for the Non-Performance of Contractual Obligations in CISG Article 79

    Exemptions for the Non-Performance of Contractual Obligations in CISG Article 79

    The Quest for Uniformity in International Sales Law
    Book | 1st edition 2014 | United Kingdom | Peter Mazzacano
    This book explores the international jurisprudence on Article 79 of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG), which is, perhaps, one of its most contentious provisions. The author’s premise is that Article 79—which concerns exemptions for contractual non-performance due to an “impediment” beyond a party’s control—should be interpreted autonomously, that is, as an international norm, without reference to domestic legal concepts and principles. To this end, he considers the application of Article 79 by courts and arbitral tribunals across a number of signatory states.
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  4. The Position of Small and Medium-Sized Enterprises in European Contract Law

    The Position of Small and Medium-Sized Enterprises in European Contract Law

    Book | 1st edition 2014 | Europe | Marco Loos, Marco B.M. Loos, Ilse Samoy
    Differences in contract law and the additional transaction costs and complexity they generate in cross-border transactions dissuade a considerable number SMEs from expanding into markets of other Member States. These differences are also said to limit competition in the internal market.
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  5. The Draft Common European Sales Law: Towards an Alternative Sales Law?

    The Draft Common European Sales Law: Towards an Alternative Sales Law?

    A Belgian Perspective
    Book | 1st edition 2013 | Europe | Ignace Claeys, Régine Feltkamp
    With the 186 articles of the Common European Sales Law the European Commission proposes an optional legal framework that covers the entire lifecycle of sales contracts and contracts for the supply of digital content, as well as related services. This book is the first to delve deeply into the content of the CESL and to analyse it.
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  6. Motive Matters!

    Motive Matters!

    An exploration of the notion 'deliberate breach of contract' and its consequences for the application of remedies
    Book | 1st edition 2013 | United Kingdom | Martijn van Kogelenberg
    This book argues that motive in committing breach of contract should matter in the application of remedies in contract. Deliberate breach of contract requires a different and sterner answer from the law of contract than any other breach of contract, because equally remedying all breaches of contract threatens parties’ trust in the law of contract.
    €74.00 incl. VAT
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  7. Alternative Ways to Ius Commune

    Alternative Ways to Ius Commune

    The Europeanisation of Private Law
    Book | 1st edition 2012 | World | Anne L.M. Keirse, Marco Loos, Marco B.M. Loos
    This book discusses two major instruments of European contract law that saw the light in 2011: the Consumer Rights Directive (CRD) and the proposal for a Common European Sales Law (CESL). Both instruments aim at improving the internal market.
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  8. Linked Contracts

    Linked Contracts

    Book | 1st edition 2012 | World | Marco Loos, Ilse Samoy, Marco B.M. Loos
    Modern society is full of linked contracts: a plurality of separately concluded contracts that are somehow interrelated. However, contract law is still primarily centred on traditional contractual relations between (just) two parties. This book therefore explores the legal consequences of the existence of linked contracts. It thereby provides insights for practice and academia in this new phenomenon.
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  9. The Making of Chinese Condominium Law

    The Making of Chinese Condominium Law

    A Comparative Perspective with American and South African Condominium Laws
    Book | 1st edition 2010 | United Kingdom | Lei Chen
    Even though apartments are the dominant form of housing in China, they are still largely poorly regulated. This book addresses the legal deficiency of condominium law and seeks to map out an academically rigorous approach to understanding and formalizing it with a critical comparative analysis.
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  10. The Principle of Numerus Clausus in European Property Law

    The Principle of Numerus Clausus in European Property Law

    Book | 1st edition 2008 | United Kingdom | Bram Akkermans
    In order to develop a framework, which can form the basis for the development of a European property law this book seeks to provide a comparative analysis of property law from the perspective of four European legal systems, and of European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. Inspiration for this is drawn from the mixed legal system of South Africa.
    €126.00 incl. VAT
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  11. Contract Interpretation and Gap Filling: Comparative and Theoretical Perspectives

    Contract Interpretation and Gap Filling: Comparative and Theoretical Perspectives

    Book | 1st edition 2006 | United Kingdom | Nicole Kornet
    This book also contains a theoretical component that draws insights and inspiration from autonomy-based theories of contract, law and economics, notions of fairness and socio-legal perspectives to establish why contracting parties leave gaps in their contracts, whether intervention is justified and, if so, how gaps in contracts should be filled.
    €101.00 incl. VAT
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  12. (Non-)Conformity in the 1980 UN Convention on the International Sale of Good: A Uniform Concept?

    (Non-)Conformity in the 1980 UN Convention on the International Sale of Good: A Uniform Concept?

    Book | 1st edition 2004 | United Kingdom | Sonja A. Kruisinga
    The 1980 UN Convention on Contracts for the International Sale of Goods unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. One of the main obligations for the seller under the Convention is to deliver goods which are in conformity with the contract (art. 35 CISG). With respect to this particular obligation, a number of questions have arisen. This book contains an analysis of the case law that has been established on the basis of the CISG concerning these questions.
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