This is the third and last part of the Principles of European Contract Law prepared by the Commission of European Contract Law under the chairmanship of Professor Ole Lando.
Parts I and II were published in 2000 and have attracted great interest and acclaim and a growing volume of secondary literature. The present volume follows the same pattern, a set of proposed Articles drawn up by the Commission, followed by comments and national notes containing a wealth of comparative law. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest.
No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested.
The book will be particularly useful to those engaged in arbitrations with and international element, to those concerned with comparative law, and to those interested in the development of legal policy on contract law at national, European or international level.
Preface To Part III
Members Of The Commission On European Contract Law For Part III
Introduction To Part III
Survey Of Chapters In Part III
List Of Abbreviations
Text Of Articles 10:101 To 17:101 In English And French
Chapter 10 : Plurality Of Parties
Section 1: Plurality Of Debtors
Section 2: Plurality Of Creditors
Chapter 11 : Assignment Of Claims
Section 1: General Principles
Section 2: Effects Of Assignment As Between Assignor And Assignee
Section 3: Effects Of Assignment As Between Assignee And Debtor
Section 4: Order Of Priority Between Assignee And Competing Claimants
Chapter 12 : Substitution Of New Debtor: Transfer Of Contract
Section 1: Substitution Of New Debtor
Section 2: Transfer Of Contract
Chapter 13 : Set-Off
Chapter 14 : Prescription.
Section 1: General Provision
Section 2: Periods Of Prescription And Their Commencement
Section 3: Extension Of Periods
Section 4: Renewal Of Periods
Section 5: Effects Of Prescription
Section 6: Modification By Agreement
Chapter 15: Illegality
Chapter 16: Conditions
Chapter 17: Capitalisation Of Interest
Bibliography Of Works Referred To In Part III
Table Of Cases Referred To In Part III
Table Of Code Provisions And Legislation Referred To In Part III
Index To Part III