Towards a European Civil Code. 4th revised and expanded edition - 9041133577 - 9789041133571

Towards a European Civil Code, Third Fully Revised and Expanded Edition

Edited by: Arthur S. Hartkamp, Martijn W. Hesselink, Ewoud Hondius, C Mak, Edgar Du Perron
December 2010, ISBN 9041133577
ISBN 13: 9789041133571
1184 pp. Hardcover

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Since its original publication in 1994, Towards a European Civil Code has become an international classic. This fourth edition of the book reflects the current state of the debate on the future of European private law and provides materials for academic teaching in this field. The Chapters of the book, written by a large number of experts on European private law, address the main topics of debate, taking into account the laws of the European Member States, the acquis communautaire in the area of private law and sets of model rules, such as the Principles of European Contract Law and the Principles of European Tort Law. Moreover, in this fourth edition of the volume, authors pay particular attention to recent developments regarding the drafting of a Common Frame of Reference for European private law. With few exceptions, the existing Chapters have been updated, and new contributions have been included on:

• private regulation;

• the influence of primary EU law on private law;

• competition and contract law;

• proceduralisation of private law;

• the legislative competence of the EU in the field of private law;

• constitutional aspects of a European Civil Code;

• the notion of damage;

• the law and economics of harmonizing European private law;

• defects of consent in contract law;

• hardship and modification of the contract;

• financial services;

• suretyships by private persons;

• vicarious liability;

• liability for land and structures; and

• good faith acquisition of movables.

Thus, this new, revised and expanded edition of Towards a European Civil Code forms a primary point of reference for policy makers, practitioners, academics and students engaged in matters of European private law.

About the Authors Preface to the Fourth Edition Abbreviations Part I General Issues Chapter 1 Towards a European Civil Code Ewoud Hondius Chapter 2 Roman Law and the Harmonization of Private Law in Europe Reinhard Zimmermann Chapter 3 European Private Law, Lex Mercatoria and Globalization Klaus Peter Berger Chapter 4 American Private Legislatures and the Process Discussion Richard Hyland Chapter 5 Private Regulation in European Private Law Fabrizio Cafaggi Chapter 6 The Influence of Primary European Law on Private Law Arthur S. Hartkamp Chapter 7 EU Directives as a Means of Private Law Unification Peter-Christian Müller-Graff Annex Chapter 8 Interpretation of the Directives: The Role of the Court Stephen Weatherill Chapter 9 Competition and Contract Law Katalin Cseres Introduction Chapter 10 Principles of Contract Law Arthur S. Hartkamp Chapter 11 Procedural Implications of Civil Law Unification Konstantinos D. Kerameus Chapter 12 Towards Proceduralization of Private Law in the European Multi-Level System Christian Joerges and Christoph Schmid Preliminary Remark Epilogue: Conflicts Law, Proceduralization and ‘Social Justice’ in Europe's Private Law? Chapter 13 European Competence and a European Civil Code, a Common Frame of Reference or an Optional Instrument Jacobien W. Rutgers Chapter 14 Constitutional Aspects of a European Civil Code Chantal Mak Chapter 15 The ‘Social’ Side of Contract Law and the New Principle of Regard and Fairness Brigitta Lurger Chapter 16 The Notion of Damage Christian von Bar Chapter 17 Some Law and Economics of Harmonizing European Private Law Fernando Gomez Part 2 Substantive Law A – Family Law and Law of Succession Chapter 18 Is Unification of Family Law Feasible Or Even Desirable? Dieter Martiny Chapter 19 Harmonization of the Law of Succession in Europe Alain-Laurent Verbeke & Yves-Henri Leleu B – Contract Law – General Issues Chapter 20 Formation of Contracts Rodolfo Sacco Chapter 21 The Pre-contractual Stage J.H.M. van Erp Chapter 22 Agency Michael Joachim Bonell Introduction Chapter 23 Defects of Consent in Contract Law John Cartwright Chapter 24 Illegality and Immorality in Contracts: Towards European Principles Hector L. MacQueen Chapter 25 Standard Form Conditions Thomas Wilhelmsson Chapter 26 Interpretation of Contracts Claus-Wilhelm Canaris and Hans Christoph Grigoleit Chapter 27 The Concept of Good Faith Martijn W. Hesselink Chapter 28 Hardship and Modification (or ‘Revision’) of the Contract Mustapha Mekki with collaboration of Martine Kloepfer-Pelèse Chapter 29 Non-performance (Breach) of Contracts Ole Lando Chapter 30 The Foreseeability Limitation on Liability in Contract James Gordley Chapter 31 Limitation Periods Michael Joachim Bonell Introduction C – Contract Law – Specific Contracts Chapter 32 The Case for a European Insurance Contract Act Jürgen Basedow Chapter 33 Service Contracts Marco B.M. Loos Chapter 34 European Law and Principles on Commercial and Investment Banking Contracts: An Advanced Area of Codification Stefan Grundmann Chapter 35 Suretyships by Private Persons Aurelia Colombi Ciacchi D – Tort Chapter 36 The General Conditions of Unlawfulness David Howarth Chapter 37 Product Liability: A History of Harmonization Geraint Howells Chapter 38 Vicarious Liability Gerhard Wagner Chapter 39 Liability for Harm Caused by Things Franz Werro Chapter 40 The Frontier between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss Mauro Bussani and Vernon Valentine Palmer Chapter 41 Economic Analysis of Tort Law and the European Civil Code Michael Faure E – Property Chapter 42 Transfer of Property Ulrich Drobnig Chapter 43 Security Rights in Movables Ulrich Drobnig Chapter 44 Harmonization of Security Rights on Immoveables: An Ongoing Story Vincent Sagaert Chapter 45 Good Faith Acquisition of Movables Arthur F. Salomons Introduction Part A Good Faith Acquisition in English, French and German Law Part B How to Find a European Rule on Good Faith Acquisition? F – Trust Chapter 46 Trust and Fiducie Michel Grimaldi and François Barrière Bibliography Index