Uniform rules for European contract law? : a critical assessment / edited by Francisco de Elizalde.

Format:

Book

Contributor:

Elizalde, Francisco de, editor.

Language:

English

Subjects (All):

Commercial law--European Union countries.

Commercial law.

Contracts--European Union countries.

Contracts.

Obligations (Law)--European Union countries.

Obligations (Law).

Physical Description:

1 online resource (295 pages)

Place of Publication:

Oxford [UK] ; Portland, Oregon : HART Publishing, 2018.

Summary:

Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union

Contents:

The first stage of modern European contract law

Francisco de Elizalde

The role for European contract law : uniformity or diversity?

Hugh Beale

Ius commune and contract law

Bart Wauters

Optimal standards for the single market : a law and economics approach

Juan Jos Ganuza and Fernando Gómez Pomar

Non-national rules in the arbitration of commercial contracts

Zeynep Derya Tarman

The modernisation of the law of obligations using the principles of European contract law

Encarna Roca Trías

Uniform rules as guidelines for national courts and legislatures : the German experience

Thomas Ackermann

National reforms : new instruments towards converging rules within Europe? : The example of the French contract law reform

Benedicte Fauvarque-Cosson

The rise of EU consumer law between common law and civil law legal traditions

Geraint Howells and Mateja Durovic

Bridging the gap : the CISG as a successful legal hybrid between common law and civil law?

Andre Janssen and Navin G. Ahuja

The sources and effects of contractual terms : towards an approximation of common law and civil law

European contract law and Asian contract law

Mateja Durovic

The two spirits of the Placl

Iñigo de la Maza Gazmuri

The effects of European harmonisation on Turkish contract law

Ilk anay

An American perspective on the European harmonisation of contract law

Larry A. Dimatteo, contributors.

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509916313

1509916318

9781509916290

1509916296

OCLC:

1022979635