Common Core, PECL and DCFR: Could They Change Shipping and Transport Law?

Author: Wouter Verheyen, Frank Smeele; Marian Hoeks
Publisher: Intersentia Publishers
ISBN: 9781780683324
Published In: July 2015
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. Even though both shipping and transport law and the harmonisation instruments aim at further harmonisation of private law, the potential interplay between them has never been examined thoroughly in doctrine.

In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed. First of all the book investigates whether harmonisation instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current harmonisation instruments or a future European private law could change (inter)national shipping and transport law.

This cross-fertilisation between shipping law and harmonisation instruments makes this book not only a valuable instrument for shipping lawyers, but also for anyone interested in harmonisation of private law.

Common Core, PECL and DCFR: Could They be Used to Interpret Shipping Law? (p.

Principles and Rules of European Contract Law between the PECL and the DCFR (p.

15)

Can PECL Help with Vexing Issues of Maritime Law? Critical Reflections from the Example of the Rotterdam Rules (p.

27)

Good Faith, the DCFR and Shipping Law (p.

41)

Andrew Tettenborn

Unexpected Circumstances in Shipping Contracts (p.

67)

Liability of the Maritime Carrier and the Shipper for Other Persons: Uniform Maritime Transport Rules vs. European Contract Law (p.

91)