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Justifying Contract in Europe
  • Language: en
  • Pages: 582

Justifying Contract in Europe

  • Categories: Law

This title explores the normative foundations of European contract law. It addresses fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. Does the law of contract need a democratic basis? To what extent should it be Europeanised? What justifies the binding force of contract and the main remedies for breach? When should weaker parties be protected? Should market transactions be considered legally void when they are immoral? Which rules of contract law should the parties be free to opt out of? Adopting a critical lens, this book interrogates utilitarian, liberal-egalitarian, libertarian, communitarian, civic republican, and ...

Precontractual Liability in European Private Law
  • Language: en
  • Pages: 537

Precontractual Liability in European Private Law

  • Categories: Law

This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

Towards a European Civil Code
  • Language: en

Towards a European Civil Code

  • Type: Book
  • -
  • Published: 1994
  • -
  • Publisher: Unknown

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Justifying Contract in Europe
  • Language: en
  • Pages: 513

Justifying Contract in Europe

  • Categories: Law

This title uses contemporary political theories to address fundamental questions on European contract law. It also places these theories in the context of the current European contract law landscape. This book highlights future options for contract law in the EU, and how it may need to change.

European Contract Law and the Charter of Fundamental Rights
  • Language: en

European Contract Law and the Charter of Fundamental Rights

A collection of essays by distinguished legal scholars that explores from legal, historical and theoretical perspectives how the Charter of the Fundamental Rights of the European Union has affected, and is likely to impact on the development of, contract law and commercial law within the European Union.

Justice in Transactions
  • Language: en
  • Pages: 625

Justice in Transactions

  • Categories: Law

“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is...

New Private Law Theory
  • Language: en
  • Pages: 553

New Private Law Theory

  • Categories: Law

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.

The Politics of a European Civil Code
  • Language: en
  • Pages: 210

The Politics of a European Civil Code

  • Categories: Law

With a significant number of claims having been brought under NAFTA Chapter 11 in the last 3 years, public and professional interest in this topic has been growing significantly. Quite simply, anyone doing business under NAFTA, or anyone representing a company doing business under NAFTA, must be completely familiar with the provisions of Chapter 11. Combining expert commentary with complete primary source materials and case law, Kluwer Law International's "Investment Disputes Under NAFTA" is the must-have resource for anyone planning - or already involved in - a Chapter 11 claim. NAFTA's Chapter 11, like many treaties, sets forth rules for arbitration. Current procedures have been developed,...

Principles, Definitions and Model Rules of European Private Law
  • Language: en
  • Pages: 406

Principles, Definitions and Model Rules of European Private Law

In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Research Handbook on EU Consumer and Contract Law
  • Language: en
  • Pages: 603

Research Handbook on EU Consumer and Contract Law

  • Categories: Law

The Research Handbook on EU Consumer and Contract Lawtakes stock of the evolution of this fascinating area of private law to date and identifies key themes for the future development of the law and research agendas. This major Handbook brings together contributions by leading academics from across the EU on the latest developments and controversies in these important areas of law. The Handbookis divided into three distinct and thematic parts: firstly, authors examine a range of cross-cutting issues relevant to both consumer and contract law. The second part discusses specific topics on EU consumer law, including the consumer image within EU law, information duties and unfair contract terms. ...