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OverviewEuropean Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters. Full Product DetailsAuthor: Gerhard Dannemann (, Professor of English Law, British Economy and Politics, Humboldt-Universität zu Berlin) , Stefan Vogenauer (, Professor of Comparative Law and Fellow of Brasenose College, University of Oxford; Director of the Oxford Institute of European and Comparative Law)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 17.60cm , Height: 5.50cm , Length: 24.80cm Weight: 1.618kg ISBN: 9780199678907ISBN 10: 0199678901 Pages: 856 Publication Date: 21 March 2013 Audience: College/higher education , Postgraduate, Research & Scholarly Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of Contents1. Introduction ; 2. Choice of CESL and Conflict of Laws ; 3. Drafting and Interpretation ; 4. Conceptions of Contract ; 5. Non-Discrimination and the 'Constitutionalization' of Contract Law ; 6. Language of Information, Contract, and Communication ; 7. Pre-Contractual Duties ; 8. Conclusion of Contract ; 9. The Right of Withdrawal ; 10. Interpretation of Contracts ; 11. Defects in Consent: Mistake, Fraud, Coercion, Threats, Unfair Exploitation ; 12. Control of Standard Contract Terms ; 13. 'Representation' ; 14. Contract Terms in Favour of Third Parties ; 15. Transfer of Rights and Obligations ; 16. Supervening Events ; 17. Obligations of Sellers and Buyers ; 18. Specific Performance and Right of Cure ; 19. Termination, Price Reduction, and Damages ; 20. Control of Standard Terms and Collective Proceedings ; 21. The CESL as Optional Sales Law: Interactions with English and German Law ; 22. The DCFR and the CESL as Models for Law ReformReviewsAuthor InformationTab Content 6Author Website:Countries AvailableAll regions |
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