Common Core Pecl and Dcfr Could They Change Shipping and Transport Law

Author: Wouter Verheyen
Publisher: Intersentia
ISBN: 9781780683324
Format: PDF, ePub, Docs
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The international character of shipping and transport has always been a great incubator for harmonization of law. There has been an increased interest within the EU on the harmonization of general private law, with different harmonization instruments coming into existence, such as common core, the Principles of European Contract Law (PECL), and the Draft of a Common Frame of Reference (DCFR). Even though both shipping and transport law and these harmonization instruments aim to further harmonize private law, the potential interplay between them has never been examined thoroughly in doctrine. In this book, the possible impact of these private law harmonization instruments on shipping and transport law is assessed. The book investigates whether harmonization instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current instruments or a future European private law could change (inter)- national shipping and transport law. This cross-fertilization between shipping law and harmonization instruments makes this book not only valuable for shipping lawyers, but also for anyone interested in the harmonization of private law. (Series: Ius Commune Europaeum - Vol. 136) [Subject: European Law, Private Law, Shipping Law, Transportation Law]

The Making of European Private Law

Author: J. M. Smits
Publisher: Intersentia nv
ISBN: 9050951910
Format: PDF
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Over the last decade, Europe has witnessed the emergence of a vigorous debate about the need for and the feasibility of a future European ius commune in the field of private law. This book critically discusses this debate and provides a systematic overview of the various initiatives taken and describes the fragmentary European private law that already exists (by way of European directives, international conventions, etc.).

Principles Definitions and Model Rules of European Private Law

Author: Study Group on a European Civil Code
Publisher: sellier. european law publ.
ISBN: 3866530978
Format: PDF, ePub, Docs
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The Draft of a Common Frame of Reference (DCFR) 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. A year ago, an interim outline edition of the Draft Common Frame of Reference (DCFR) was published by sellier. european law publishers (Germany). It covered the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text was 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. Now available for the first time is the final outline edition of the DCFR. This final outline edition covers major new topics and includes a revised and expanded list of definitions. This revision of the interim outline edition takes public discussion into account and also contains an additional section on the principles underlying the model rules. In late 2009, the six-volume full edition of the DCFR, including all comments and notes, will be published.

Specific Performance in Contract Law

Author: J. M. Smits
Publisher: Intersentia Uitgevers N V
ISBN: 9789050957144
Format: PDF, Mobi
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This book deepens the understanding of the right to specific performance in contract law. It brings together 16 contributions on various aspects of this important action and on its place in the system of contractual remedies. The volume integrates insights from a more classical ('dogmatic') approach with comparative, historical, and economic analysis. It includes overviews of the national law of the Netherlands, Belgium, Germany, Scotland, and South Africa, and of the international regimes created by the United Nations Convention on Contracts for the International Sale of Goods (1980), Unidroit Principles, Principles of European Contract Law, and the European Directive 1999/44. In addition, various aspects of specific performance in these and other jurisdictions are considered. These aspects include inter alia judicial procedure, the duty to carry on negotiations, and the enforcement of side-letters.

Development of European Private Law

Author: Esther Van Schagen
Publisher: Intersentia
ISBN: 9781780683676
Format: PDF, Mobi
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Using insights from multilevel governance and pluralism, this book provides an in-depth analysis of the development of European private law in the Dutch and German legal order. The book focuses on the question whether the coexistence of national and European state and non-state actors is detrimental or beneficial for the predictability, consistency, accessibility and responsiveness of European private law. On the one hand, the discourse on multilevel governance draws attention to the possibility that problems may arise if interdependent actors do not sufficiently interact. This may be the case in European private law, where national and European legislators and courts have become increasingly interdependent on one another in ensuring that European private law develops predictably, consistently, accessibly, and responsively. The book analyzes the development of European private law by national and European state actors through codifications, blanket clauses, soft laws and general principles in the light of interdependence. In addition, non-state actors have played an increasingly important role in developing binding rules in European private law. This development necessitates more interaction between actors, and more attention for the potentially binding effect of privately developed rules on third parties' rights. The book accordingly develops a normative framework to determine the extent to which private actors should be able to develop binding rules, based on principles of democracy, private autonomy, and concerns for hetero-determination. On the other hand, pluralism perspectives advocate the development of European private law at different levels and jurisdictions in the light of responsiveness, regulatory competition, and opportunities for mutual learning. The book explores whether these benefits have materialized in the development of European private law, drawing attention to failed and successful instances of regulatory competition and mutual learning, and resulting innovations. The book sketches new governance techniques that may help interdependent actors take into account one another's initiatives and benefit from each other's insights, although they may also entail hetero-determination. (Series: Ius Commune Europaeum, Vol. 144) [Subject: European Law, Private Law]~

Information and Notification Duties

Author: Ilse Samoy
Publisher: Intersentia
ISBN: 9781780683539
Format: PDF, ePub, Mobi
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Technological and economical developments require contracting parties to be informed and advised: informed about the characteristics of the services or the goods they order; well advised about their choices and options; informed about the remedies that may be used against them; and well protected from the consequences of a lack of information or notification. This book analyses several aspects of these information and notification duties. It is the result of fruitful collaboration as part of the Ius Commune Research School's Contract Law and Law of Obligations research programme. Information and notification duties were the theme of a contract law workshop during the 19th Ius Commune Conference in Edinburgh in November 2014. This book contains the proceedings of that workshop, with contributions by Sanne Jansen (Leuven), Johanna Waelkens (Leuven), Johan Vannerom (Leuven), Carien de Jager (Groningen), Joasia Luzak (Amsterdam), Gerard de Vries (Amsterdam), and Mark Kawakami and Catalina Goanta (Maastricht), with an introduction by Ilse Samoy (Leuven) and Marco B.M. Loos (Amsterdam).

International Trade and Carriage of Goods

Author: Baris Soyer
Publisher: CRC Press
ISBN: 131729047X
Format: PDF
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This book consists of edited versions of the papers delivered at the Institute of International Shipping and Trade Law’s 11th International Colloquium, held at Swansea Law School in September 2015. Featuring a team of contributors at the top of their profession, both in practice and academia, these papers have been carefully co-ordinated so as to ensure to give the reader a first class insight into the issues surrounding international sale and carriage contracts. The book is set out in three parts: Part I offers a detailed and critical analysis on emerging issues and unresolved questions in international sales and the carriage contracts affected to facilitate such sales. Part II critically and thoroughly analyses the legal issues that often arise in the context of security over goods, letters of credit and similar documents. Part III is dedicated to a critical and up-to-date discussion on matters concerning cargo insurance in this context. With its breadth of coverage and high-quality analysis, this book is vital reading for both professional and academic readers with an interest in international trade and carriage of goods.