Over the last few years increasing attention continues to be paid to the
Principles of European Contract Law (otherwise known as the Principles, the
Lando Principles or PECL). The drafters of the Principles presented their work
in the form of articles accompanied by explanatory notes, averring that the
main purpose of the instrument is to serve as a basis for a future European
contract law. Can the Lando Principles, as their drafters claim, indeed offer
an acceptable basis for a future European contract law? Dr. Busch, both
scholar and practitioner, offers a detailed analysis, in response to this
question, of the contractual aspects of indirect representation (Arts.
3:301-304 PECL). He evaluates these provisions in the light of Dutch, German,
and English law, as well as with reference to the Geneva Convention on Agency
in the International Sale of Goods.
To introduce this important comparative study and make the background as
complete as possible, this book devotes separate chapters to thorough
discussions of indirect representation in Dutch law (middellijke
vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law
(mittelbare Stellvertretung) and in the English doctrine of the undisclosed
principal. Lawyers in Europe and elsewhere who must deal with contract law in
any connection, will find this thoroughly researched and well-thought-out text
to be indispensable. Its value as a scholarly analysis can only grow with the
coming years.
D. Busch (b. 1974) graduated (cum laude) in Dutch law from the
University of Utrecht in 1997. He attained the title of Magister Juris in
European and Comparative Law at the University of Oxford (St. John's College)
in 1998, and defended his dissertation in 2002 at the University of Utrecht.
Until the end of 2001 he was attached as lecturer and researcher to the
Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as
an attorney-at-law for the law office of De Brauw Blackstone Westbroek in
Amsterdam. He has also been an honorary senior lecturer at the Molengraaff
Institute since 2004. Principles of European Contract Law 3
Preface, Selected List of Abbreviations,
Chapter 1 Introduction I A European
contract law II Indirect representation in European contract law III
Research method IV Structure of the thesis
Chapter 2 Dutch law I Introduction II Direct and indirect
representation III The ‘in the name of’ requirement IV
Articles 7:419-421 DCC: general provisions on indirect representation? V
The problem of the Drittschaden VI Direct actions VII Summary
Chapter 3 German law I
Introduction II Direkte and mittelbare Stellvertretung III The
Offenkundigkeitsprinzip IV The problem of the Drittschaden V
Direct actions VI Summary
Chapter 4 English law I Introduction II
Disclosed and undisclosed agency III Third party loss IV The
doctrine of the undisclosed principal V The position of the commission
agent in English law VI Summary
Chapter
5 The UNIDROIT Agency Convention I Introduction II Brief history
III Scope of the Convention IV The concept of agency examined more
closely V The problem of Drittschaden VI The possibility of
direct actions between principal and third party under Article 13 UAC VII
Summary
Chapter 6 The Principles of European Contract
Law I Introduction II Brief history, composition and procedure of
the Lando Commission III Purposes of the Principles IV Criticism
of the Principles V Authority of Agents VI Direct and indirect
representation VII The problem of Drittschaden VIII Direct IX
Summary
Chapter
7 Comparative law evaluation I Introduction II The scope of Chapter
3 (Authority of Agents) III The structure of Chapter 3 (Authority of
Agents) IV Indirect representation: the application requirements V
The primary legal consequence of indirect representation: a contractual
connection between the third party and the intermediary VI The
secondary legal consequences of indirect representation: general VII
The secondary legal consequences of indirect representation:
Drittschadensliquidation VIII The secondary legal consequences of
indirect representation: direct actions IX Conflict of interest
Chapter 8 Conclusion Appendix
I Appendix II Appendix III Table of Cited Literature, Table
of Cases, Table of Legislation, Index, Samenvatting Nederlands, Summary
English, Zusammenfassung Deutsch