Download or read book The Principles of European Contract Law Part III and Dutch Law written by Harriët N. Schelhaas and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.

Download or read book Bijzondere overeenkomsten written by Sophie Stijns and published by . This book was released on 2002 with total page 105 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Commercial Trusts in European Private Law written by Michele Graziadei and published by Cambridge University Press. This book was released on 2005-11-03 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

Download or read book Contract Law in Belgium written by Ilse Samoy and published by Kluwer Law International B.V.. This book was released on 2022-05-20 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Belgium covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Belgium will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book Ontwerp van het Burgerlijk Wetboek voor het Koningrijk der Nederlanden aan de Staten Generaal aangeboden den 22 sten November 1820 Tweede Uitgave benevens de ophelderende Memorie Met eene voorrede van J de Bosch Kemper written by Johan Melchior Kemper and published by . This book was released on 1864 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book France Belgium Bulgaria Poland Portugal written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2011-02-28 with total page 737 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are the notion of ownership, the derivative acquisition of ownership (e.g. by a sales contract), the good faith acquisition of ownership and other property rights, the multiple sale of the same movable, the protection of possession, positive (acquisitive) prescription, and processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This fourth volume of the series presents "up-to-date" national reports of France Belgium Bulgaria Poland Portugal

Download or read book Introduction to Comparative Law written by Jaakko Husa and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.

Download or read book Ontwerp van het Burgerlijk Wetboek voor het Koningrijk der Nederlanden aan de Staten Generaal aangeboden den 22sten November 1820 Tweede uitgave benevens de ophelderende memorie Met eene voorrede van Jhr Mr J de Bosch Kemper written by Netherlands [Kingdom of the Netherlands.] and published by . This book was released on 1864 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Civil Code of the Netherlands Antilles and Aruba written by Peter Haanappel and published by Kluwer Law International B.V.. This book was released on 2002-06-12 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work consists of an English translation, alongside the Dutch text, of the new law of property, rights and interests and the law of obligations (Book 3), the law of real rights (Book 5), the general part of the law of obligations (Book 6) and the law of special contracts (Book 7) of the Netherlands Antilles Civil Code, which entered into force in the Netherlands Antilles on 1 January 2001 and in Aruba on 1 January 2002. It also contains the transitional law enacted on introduction of this new legislation. It is published in Kluwer Law International's "Series of Legislation in Translation". For the non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law and persons or companies interested in the regulation of civil law this work will be essential. The authors, who are experienced legal translators, are authors of Netherlands Business Legislation , a Kluwer Law International publication, which contains a translation of the corresponding Dutch law and other statutory regulations.

Download or read book Sales written by Ewoud Hondius and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rules presented in this volume of the "Principles of European Law" deal with sales contracts. The sales contact has served as the paradigm for contracts in general. Moreover, it is also probably the most common contract, and certainly the most common consumer contract, that there is. In fact, sales come in all shapes and sizes: ranging from the purchase of the daily newspaper at the news-stand or the groceries in the supermarket, through to the purchase of a new car and to commodity sales on highly specialised markets. Furthermore, there are many mixed transactions that contain a certain element of sale, such as distribution contracts or all sorts or manufacturing contracts.

Download or read book Contract Law in the Netherlands written by Arthur S. Hartkamp and published by Kluwer Law International B.V.. This book was released on 2015-11-23 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Download or read book Non conformity in the 1980 UN Convention on Contracts for the International Sale of Goods written by Sonja Kruisinga and published by Intersentia nv. This book was released on 2004 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1980 UN Convention on Contracts for the International Sale of Goods (CISG) unifies the law governing the rights and obligations arising from a contract for the international sale of goods for the seller and the buyer. The CISG entered into force on 1 January 1988. The current number of 62 contracting States, representing two thirds of the world trade, shows the relevance of this Convention. Moreover, the International Chamber of Commerce (ICC) has published a model for an international sales contract that presupposes the application of the Convention. Since no supranational court exists to safeguard a uniform interpretation of its provisions, the case law from different states on the basis of the CISG needs to be compared. 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. For example, do the goods delivered need to comply with any public law requirements in the country where the goods will be used? When and how does a buyer have to give notice to the seller of any lack of conformity? Is any fault on the part of the seller required for a buyer to be able to rely on this provision? Who bears the burden of proof? Can a buyer rely on any concurrent claims based on national law, alongside his claim based on lack of conformity? This book contains an analysis of the case law that has been established on the basis of the CISG concerning the aforementioned questions. Special attention has been paid to court decisions in Austria, Belgium, France, Germany, the Netherlands and Switzerland, as well as to arbitral awards by the ICC Court of Arbitration. In this respect, the role of the UNIDROIT Principles of International Commercial Contracts in the interpretation of the CISG has also been analysed. The book provides a unique combination, because it contains both an analysis of the issue of (non-)conformity as such and an overview of the recent case law on this topic, as well as recommendations for international commercial practice. Therefore, this book will be of interest to both academics and legal practitioners.

Download or read book The Constitutional Dimension of Contract Law written by Luca Siliquini-Cinelli and published by Springer. This book was released on 2017-04-06 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the hallmarks of the present era is the discourse surrounding Human Rights and the need for the law to recognise them. Various national and supranational human rights instruments have been developed and implemented in order to transition society away from atrocity and callousness toward a more just and inclusive future. In some countries this is done by means of an overarching constitution, while in others international conventions or ordinary legislation hold sway. Contract law plays a pivotal role in this context. According to many, this is done through the much-debated ‘civilising mission’ of the contract, a notion which itself constitutes the canon of the Western liberal principle of ‘civilised economy’. The movement away from the belief in the absolute freedom of contract, which reached its zenith in the nineteenth century, to the principles of fairness and justice that underpin contract law today, is often deemed to be a testament to this civilising influence. Delving into the interplay between human rights policies, constitutional law, and contract law from both theoretical and practical perspectives, this first volume of a two-book collection offers a totally new reappraisal of the subject by gathering a collection of essays written by contract law scholars from Europe, South Africa, Canada, and Australia. Instead of providing the reader with a sterile compilation of positivistic norms and policies on the impact of fundamental rights and constitutional law issues on contract law’s development, the authors build on their personal experience to analyse specific topics related to contracting that include a constitutional dimension. The book fills an important void in comparative law scholarship and in so doing represents the starting point for further debate on the subject.

Download or read book Indirect Representation in European Contract Law written by Danny Busch and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004. Principles of European Contract Law 3

Download or read book Principles of European Contract Law written by Commission on European Contract Law and published by Kluwer Law International B.V.. This book was released on 2000-01-01 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

Download or read book The Authority of the Security Council under Chapter VII of the UN Charter written by David Schweigman and published by BRILL. This book was released on 2001-05-01 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.

Download or read book European Architect Law written by Stéphanie van Gulijk and published by Maklu. This book was released on 2009 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal relationship between architects and clients suffers from two basic tensions that have been debated in several European countries. First, the market for design of buildings is not the exclusive domain of architects anymore. Other disciplines have gradually encroached on the architect's core activities. Many new forms of contract have been developed in the construction industry. These market models no longer fit the traditional design contract, departing from the idea that an architect designs a structure that is fit for its purpose and subsequently supervises the realization of the design by the building contractor. Second, designing buildings is a low yield/high risk endeavor. If the obligations of architects under the design contract are not performed well, they are exposed to severe liabilities which may cause serious financial problems. Detailed comparative research on design contracts shows that rule makers have difficulties in dealing with these two tensions. In Europe, considerable differences exist regarding the national rules that apply to the contractual relationship between architects and clients. Therefore, in this study, four regulation issues have been investigated that deal with establishing rules to govern the two tensions: market entry regulation, architect liability, limitation of architect liability, and professional liability insurance. In order to evaluate these regulation issues, a law and economics perspective is applied. The book will help to establish which combination of regulation options is likely to lead to more efficient outcomes. It provides insights in what is the best way to deal with the two tensions in the relationship between architects and clients, and it contributes to establishing a new design for European architect law.