Rules and principles in European contract law / edited by Jacobien Rutgers, Pietro Sirena.

Format:

• Book
• Conference/Event

Contributor:

• Rutgers, Jacobien W., editor.
• Sirena, Pietro, editor.

Conference Name:

• SECOLA Conference (2012 : Messina, Italy)

Series:

• European contract law and theory series ; volume 1.
• European contract law and theory series ; volume 1

Language:

English

Subjects (All):

• Contracts--European Union countries.
• Contracts.
• European Union countries.

Physical Description:

1 online resource (xi, 159 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Intersentia Ltd, 2015.

System Details:

• text file
• PDF

Summary:

In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised 'general principles of civil law', relying upon values which are traditionally rooted in the domain of private law. The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of 'soft ' and 'hard' law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union's constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union's legal order.The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law

Contents:

• Principles versus Rules in the Emerging European Contract Law / Yehuda Adar Adar, Yehuda, Pietro Sirena Sirena, Pietro 7
• I Introduction 8
• II The Substantive Content and Analytical Structure of a Principle: A Critique of the Common View 13
• III Principles and Rules 20
• IV Principles of European Law 23
• V Principles in the Evolving European Contract Law 26
• VI The Balance between Principles and Rules 29
• The ECJ and General Principles Derived from the Acquis Communautaire / Elise Poillot Poillot, Elise 33
• I General Principles as a Remedy to Limits on European Legislature Competences in Contract Law 35
• II General Principles as a Tool of Court Policy Making in Contract Law 42
• The Principle of Effectiveness and EU Contract Law / Norbert Reich Reich, Norbert 45
• I A Constitutional Starting Point: Article 47 of the Charter 46
• II Effectiveness versus Procedural Autonomy 49
• III Some Examples Applying the Effectiveness Test in Mandatory EU Contract Law 53
• IV Some General Conclusions 63
• The Principle of Proportionality and European Contract Law / Caroline Cauffman Cauffman, Caroline 69
• I The 'Classic' Content of the 'Principle of Proportionality' in EU Law 72
• II Expressions of the Principle of Proportionality in EU Contract Law 73
• III The Principle of Proportionality as an Autonomous General Principle of EU Contract Law 81
• IV Conclusion 97
• 'General Principles' and 'Underlying Principles' in the Proposed Common European Sales Law and their Role in its Interpretation / Simon Whittaker Whittaker, Simon 99
• I The Evolution of 'Principles' in the DCFR 100
• II Two Types of 'Principles' in the CESL? 105
• III Conclusion 120
• Contractual Autonomy and European Private Law / Salvatore Patti Patti, Salvatore 123
• I Freedom of Contract as a Principle of European Private Law 123
• II Limits of the Freedom of Contract in the Tradition of the European Civil Codes 124
• III New Limits of the Freedom of Contract 126
• IV 'Aims' to be Realised by Means of Private Law and the Increase of Mandatory Rules 128
• V New Techniques of Distribution and New Rules of Concluding the Contract 129
• VI Sufficient Information as a Condition of the Freedom of Contract 131
• VII 'Petrification' of the Law or a New Conception of the Freedom of Contract 132
• Good Faith and Reasonableness in European Contract Law / Emanuela Navarretta Navarretta, Emanuela 135
• I The General Issue 135
• II The European Perspective 139
• III The Policy Dimension 142
• IV Coordination between Good Faith and Reasonableness 146
• V The Politics of Harmonisation and a Final Remark 148
• Benefits to the Defendant as a Measure for Relief: Toward a Specific Rule in European Contract Law? / Carlos Gómez Ligüerre Ligüerre, Carlos Gómez 151
• I Restitution and Unjust Enrichment 151
• II Profits as Enrichment 154
• III Disgorgement of Profits Made by Breach of Contract 157.

Notes:

Title from publisher's bibliographic system (viewed on 01 Dec 2017).

Other Format:

Print version:

ISBN:

9781780685434

Access Restriction:

Restricted for use by site license.