Obligations and special contracts 33 results

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.

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.

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.

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.

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.

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.

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.

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.

This book discusses and compares the different legal and economic aspects of the regulation of architects in Belgium and the Netherlands . It also discusses EU legislation and case law on the free movement of architects in and to the European Union.

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.

By presenting historical materials, this volume elucidates the quandary of the law of obligations when it has to answer the question what a creditor eventually will acquire: damages or specific performance?

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.

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.