Economic analysis of the DCFR : the work of the Economic Impact Group within CoPECL / edited by Pierre Larouche, Filomena Chirico.

Format:

Book

Contributor:

Larouche, Pierre, editor.

Chirico, Filomena, editor.

Language:

English

Subjects (All):

Standardized terms of contract--Economic aspects--European Union countries.

Standardized terms of contract.

Contracts--Economic aspects--European Union countries.

Contracts.

Physical Description:

1 online resource (345 p.)

Place of Publication:

Munich, Germany : sellier european law publishers, 2010.

Language Note:

English

Summary:

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal? This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

Contents:

Front matter

Table of contents

List of contributors

Introduction

1. Contract Law - General Aspects

The Function of European Contract Law: An Economic Analysis

The Economic Function of Good Faith in European Contract Law

Non-Discrimination in the Common Principles of European Contract Law

2. Formation and Interpretation of Contracts

The Formation of Contracts in the Draft Common Frame of Reference - A Law and Economics Perspective

Contract Interpretation - Interpretive Criteria

Judicial Control of Standard Terms and European Private Law

3. Performance of Contracts

Specific Performance, Damages and Unforeseen Contingencies in the Draft Common Frame of Reference

Measure of Damages: Expectation, Reliance and Opportunity Cost

Remedies for Non-Performance: Chapter 3 of Book III of the DCFR from an Economist's Perspective

4. Termination of Contracts

Termination and Compensation in Long-Term Distribution Contracts: An Economic Perspective of EU Law

Variation and Unilateral Termination of an Agreement in the Draft Common Frame of Reference

5. Specific Areas of Contract Law

Principles of European Insurance Contract Law: Law and Economic Insights

The DCFR and Consumer Protection: an Economic Assessment

6. Non-contractual Liability

The Boundary between Torts and Contracts: A Law and Economics Perspective

'Legally Relevant Damage' and A Priori Limits to Non-Contractual Liability in the DCFR

Conclusion

Notes:

Description based upon print version of record.

Description based on print version record.

ISBN:

1-283-01443-2

9786613014436

3-86653-855-3

OCLC:

643990730