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Practice Area: Comparative Law

General Clauses and Standards In European Contract Law. Comparative Law, EC Law and Contract Law Codification by Stefan Grundmann, Denis Mazeaud




General Clauses and Standards In European Contract Law. Comparative Law, EC Law and Contract Law Codification
by: Stefan Grundmann, Denis Mazeaud
Edited by: Martijn W. Hesselink
December 2005,  ISBN 9041124322
ISBN 13: 9789041124326
236 pp. Hardcover
Add to Shopping Cart: General Clauses and Standards In European Contract Law. Comparative Law, EC Law and Contract Law Codification - 9041124322 - 9789041124326 USD price: $180.00
          




Add to Shopping Cart: General Clauses and Standards In European Contract Law. Comparative Law, EC Law and Contract Law Codification - 9041124322 - 9789041124326
General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005.

The subject is approached along three distinct but interconnected avenues:

  • comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;
  • EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; and
  • the European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them.

The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.







Other titles by this Author:

Sort By:  Publication Date |  Title |  Author / Editor

An Academic Green Paper on European Contract Law
Stefan Grundmann, Jules H.V. Stuyck
December 2002, ISBN/ISSN 9041118535,
ISBN 13: 9789041118530
Hardcover
Add to Shopping Cart: An Academic Green Paper on European Contract Law - 9041118535 - 9789041118530 $224.00

Constitutional Values and European Contract Law
Stefan Grundmann
July 2008, ISBN/ISSN 9041127658,
ISBN 13: 9789041127655
288 pp. Hardcover
Add to Shopping Cart: Constitutional Values and European Contract Law - 9041127658 - 9789041127655 $171.00

Financial Services, Financial Crisis and General European Contract Law
Stefan Grundmann, Yesim Atamer
June 2011, ISBN/ISSN 904113526X,
ISBN 13: 9789041135261
352 pp. Hardcover
Add to Shopping Cart: Financial Services, Financial Crisis and General European Contract Law - 904113526X - 9789041135261 $149.00

The Architecture of European Codes and Contract Law
Stefan Grundmann, Martin Schauer
October 2006, ISBN/ISSN 9041125302,
ISBN 13: 9789041125309
392 pp. Hardcover
Add to Shopping Cart: The Architecture of  European  Codes and Contract Law - 9041125302 - 9789041125309 $213.00


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