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A Way Forward for European Contract Law?

Lucinda Miller

in The Emergence of EU Contract Law: Exploring Europeanization

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.003.0004
Subject:
Law, EU Law

This chapter examines the EU’s broader (non sector-specific) contract law programme. It is primarily concerned with the instrument known as the Common Frame of Reference (CFR) a draft of which has ... More


The Debate Continues

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 6 outlines the ongoing activities taking place in the debate about European contract law and their bearing on the constitutional dimensions of European contract law. These activities comprise ... More


The Emergence of EU Contract Law: Exploring Europeanization

Lucinda Miller

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199606627
eISBN:
9780191731716
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606627.001.0001
Subject:
Law, EU Law

The emergence of a European contract law is one of the more significant legal developments in Europe today. The complexities that lie at its heart also make it one of the more fascinating areas of ... More


Alternative and Complementary Routes in European Contract Law

Kathleen Gutman

in The Constitutional Foundations of European Contract Law: A Comparative Analysis

Published in print:
2014
Published Online:
March 2015
ISBN:
9780199698301
eISBN:
9780191748882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199698301.003.0012
Subject:
Law, EU Law, Constitutional and Administrative Law

Chapter 11 examines the viability of several alternative and complementary routes to the adoption of a European contract law instrument contemplated in the debate, which include enhanced cooperation, ... More


Control of Standard Contract Terms

Phillip Hellwege and Lucinda Miller

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0012
Subject:
Law, EU Law, Law of Obligations

This chapter analyses possible interactions with regards to the control of standard contract terms between the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference ... More


The DCFR and the CESL as Models for Law Reform

Stefan Vogenauer

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0022
Subject:
Law, EU Law, Law of Obligations

This book has attempted to explore how a European contract law instrument such as the Draft Common Frame of Reference (DCFR) or the proposed Common European Sales Law (CESL) might interact with ... More


Contract Law Beyond the State

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0010
Subject:
Law, Company and Commercial Law

This chapter reflects on the increasing emergence of transnational efforts at both the global and regional level to bring about the greater convergence of national contract law regimes. The ... More


The Draft Common Frame of Reference in the Courts: The Remaking of Comparative Law

Galateia Kalouta

in Courts and Comparative Law

Published in print:
2015
Published Online:
October 2015
ISBN:
9780198735335
eISBN:
9780191802096
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198735335.003.0038
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter illustrates the impact of the Draft Common Frame of Reference (DCFR) before European courts, by presenting cases of the European Court of Justice (ECJ) as well as Supreme Court decisions ... More


Conceptions of Contract

Simon Whittaker and Karl Riesenhuber

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0004
Subject:
Law, EU Law, Law of Obligations

This chapter explains and compares the conceptions of contract found in English law and German law, and the systems of rules found in the Draft Common Frame of Reference (DCFR) and its successor ... More


The CESL as Optional Sales Law: Interactions with English and German Law

Gerhard Dannemann

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0021
Subject:
Law, EU Law, Law of Obligations

The proposed Common European Sales Law (CESL) aims to overcome the ‘[d]ifferences in contract law between Member States’ which ‘hinder traders and consumers who want to engage in cross-border trade ... More


Contract Terms in Favour of Third Parties

Andrew Burrows and Christoph Busch

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0014
Subject:
Law, EU Law, Law of Obligations

There are two main uses to which the proposed Common European Sales Law (CESL) or Draft Common Frame of Reference (DCFR) may be put. The first is as an optional instrument which, if the parties ... More


Defects in Consent: Mistake, Fraud, Threats, Unfair Exploitation

John Cartwright and Martin Schmidt-Kessel

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0011
Subject:
Law, EU Law, Law of Obligations

This chapter focuses on the rules on defects in consent in the proposed Common European Sales Law (CESL) and the Draft Common Frame of Reference (DCFR). In assessing these rules and their ... More


Transfer of Rights and Obligations

Hugh Beale and Wolf-Georg Ringe

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0015
Subject:
Law, EU Law, Law of Obligations

This chapter compares the law on transfer of rights (i.e., assignment) in the Draft Common Frame of Reference (DCFR), English law, and German law. It first considers cases in which the three systems ... More


Supervening Events

Hannes Unberath and Ewan McKendrick

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0016
Subject:
Law, EU Law, Law of Obligations

This chapter analyses the effects of external events occurring after the conclusion of the contract (‘supervening events’) on contractual obligations. It focuses on Book III of the (academic) Draft ... More


Termination, Price Reduction, and Damages

Mindy Chen-Wishart and Ulrich Magnus

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0019
Subject:
Law, EU Law, Law of Obligations

This chapter deals with termination, price reduction, damages, and interest. It addresses the definition and regulation of these remedies in the proposed Common European Sales Law (CESL), the Draft ... More


The Right of Withdrawal

Reiner Schulze and Jonathan Morgan

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0009
Subject:
Law, EU Law, Law of Obligations

This chapter examines the impact of right of withdrawal provisions in the Common European Sales Law (CESL) on English and German law. Such provisions will not lead to radical changes to either German ... More


Representation

Robert Freitag and Thomas Krebs

in The Common European Sales Law in Context: Interactions with English and German Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199678907
eISBN:
9780191758157
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199678907.003.0013
Subject:
Law, EU Law, Law of Obligations

This chapter begins with an examination of the provisions on representation contained in Book II, Chapter 6 of the Draft Common Frame of Reference (DCFR), on the assumption that they will form part ... More


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