A factual assessment of the Draft Common Frame of Reference / edited by Luisa Antoniolli, Francesca Fiorentini.

Format:

Book

Contributor:

Antoniolli, Luisa.

Fiorentini, Francesca.

Common Core of European Private Law Project.

Language:

English

Subjects (All):

Contracts--European Union countries.

Contracts.

Conflict of laws--Contracts--European Union countries.

Conflict of laws.

Civil law--Europe--International unification.

Civil law.

Physical Description:

1 online resource (495 p.)

Edition:

1st ed.

Place of Publication:

Munich : Sellier, c2011.

Language Note:

English

Summary:

This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.

Contents:

Frontmatter

Table of Contents

Authors

Preface by the General Editors of "The Common Core of European Private Law" Project

Preface by the Editors in Chief of the Case-Based Assessment

Introduction / Antoniolli, Luisa / Fiorentini, Francesca

Case-Based Assessments

Unfair Terms / Willett, Chris

Change of Circumstances / Bineva, Valentina

Plurality of Debtors / Meier, Sonja

Sales / Peleggi, Roberta

Lease of Goods / Panek, Grzegorz

Mandate / Gómez Ligüerre, Carlos

Personal Security / Vigneron, Sophie / Wong, Simone

Non-contractual Liability Arising out of Damage Caused to Another / Mónika, Józon

Unjustified Enrichment / Smits, Jan / Mak, Vanessa

Acquisition and Loss of Ownership of Goods / Vliet, Lars van

Critical Essays

The 'Three Lives' of European Private Law / Schmid, Christoph U.

Draft Common Frame of Reference and Terminology / Ioriatti Ferrari, Elena

Social Contracts in the Light of the Draft Common Frame of Reference for a Future EU Contract Law / Nogler, Luca / Reifner, Udo

Concluding Remarks / Antoniolli, Luisa / Fiorentini, Francesca

Abbreviations

Bibliography

Case Law

Notes:

"This assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission, Contract No. 513351."--T.p. verso.

Includes bibliographical references (p. 419-466).

Description based on publisher supplied metadata and other sources.

ISBN:

1-283-01446-7

3-86653-122-2

OCLC:

714568668