Justifying Contract In Europe

Author : Martijn Willem Hesselink
Publisher :
ISBN 13 : 9780192655721
Total Pages : pages
Book Rating : 4.28/5 ( download)

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Download or read book Justifying Contract in Europe written by Martijn Willem Hesselink and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Martijn W. Hesselink
Publisher : Oxford University Press
ISBN 13 : 0192655736
Total Pages : 513 pages
Book Rating : 4.38/5 ( download)

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Download or read book Justifying Contract in Europe written by Martijn W. Hesselink and published by Oxford University Press. This book was released on 2021-06-22 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

Author : Martijn Willem Hesselink
Publisher : Oxford University Press
ISBN 13 : 0192843656
Total Pages : 513 pages
Book Rating : 4.54/5 ( download)

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Download or read book Justifying Contract in Europe written by Martijn Willem Hesselink and published by Oxford University Press. This book was released on 2021 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 discourse-theoretical political philosophies and analyses the answers they provide to these questions. It also situates these theoretical debates within the context of the political landscape of European contract law and the divergent views expressed by lawmakers, legal academics, and other stakeholders. This work moves beyond the acquis positivism, market reductionism, and private law essentialism that tend to dominate these conversations and foregrounds normative complexity. It explores the principles and values behind various arguments used in the debates on European contract law and its future to highlight the normative stakes involved in the practical question of what we, as a society, should do about contract law in Europe. In so doing, it opens up democratic space for the consideration of alternative futures for contract law in the European Union, and for better justifications for those parts of the EU contract law acquis we wish to retain.

Author : Hugh Collins
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127844
Total Pages : 310 pages
Book Rating : 4.46/5 ( download)

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Download or read book Standard Contract Terms in Europe written by Hugh Collins and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the Directive on Unfair Terms in Consumer Contracts of 1993, the European project has been working intensively towards harmonization of contract law across all EU Member States. To date, virtually none of the many problems that have arisen have been resolved. The SECOLA Annual Conference convened in Prague in 2005 to consider the specific topic of unfair terms and to imagine ways in which the obstacles raised by this provocative issue might be overcome. In this book, which presents revised versions of the papers presented at that conference, fourteen outstanding European scholars examine basic questions about the differing conceptions of contract law in the national legal systems of the Member States, divergent legal techniques such as interpretation of contract and divergent approaches to legal reasoning, and contrasting views about the nature of the problems presented by unfair terms in contracts. Among the contentious matters discussed are the following: the tension between party autonomy and social justice; control over freedom of contract in the name of substantive fairness and efficiency; interpretation of contract terms the intrusion of competition law into contract law; the disputed meanings of good faith and legitimate expectations; the requirement of 'plain intelligible language'; and characterization problems Above all the essays ask: Can harmonization of European contract law be achieved? And if so, how? The answers offered not only clarify the stage we have arrived at in this ongoing initiative, but also identify the essential conflicts that must be understood if we are to secure meaningful regulation of contract terms at a transnational level. For these reasons the book is enormously valuable to all parties interested in this crucial component of European integration.

Author : Hein Kötz
Publisher : Oxford University Press
ISBN 13 : 0198800045
Total Pages : 401 pages
Book Rating : 4.40/5 ( download)

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Download or read book European Contract Law written by Hein Kötz and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition includes many updates and revisions to the first edition, especially in light of the changes to the French Code Civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature. This text comprehensively covers all aspects of contract law in several European jurisdictions.

Author : Jürgen Neyer
Publisher : Oxford University Press
ISBN 13 : 0199641242
Total Pages : 228 pages
Book Rating : 4.46/5 ( download)

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Download or read book The Justification of Europe written by Jürgen Neyer and published by Oxford University Press. This book was released on 2012-10-18 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Justification of Europe offers an engaging new interpretation of the European Union, combining normative and positive approaches in an innovative way.

Author : Study Group on a European Civil Code
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.91/5 ( download)

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Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Bénédicte Fauvarque-Cosson
Publisher : Walter de Gruyter
ISBN 13 : 3866537255
Total Pages : 649 pages
Book Rating : 4.55/5 ( download)

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Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

Author : Alessandro Somma
Publisher : Kluwer Law International B.V.
ISBN 13 : 904114482X
Total Pages : 248 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Politics of the Draft Common Frame of Reference written by Alessandro Somma and published by Kluwer Law International B.V.. This book was released on 2009-06-22 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.

Author : Odavia Bueno Díaz
Publisher : Walter de Gruyter
ISBN 13 : 3866539703
Total Pages : 584 pages
Book Rating : 4.09/5 ( download)

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Download or read book Mandate Contracts written by Odavia Bueno Díaz and published by Walter de Gruyter. This book was released on 2012-12-21 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.