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English and European Perspectives on Contract and Commercial Law

English and European Perspectives on Contract and Commercial Law Essays in Honour of Hugh Beale

Author: Louise Gullifer; Stefan Vogenauer
Publisher: Hart Publishing
ISBN: 9781509912971

Published In: January 2017
Format: Paperback , 424 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465496

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Contents
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The purpose of this book is to honour the influential and wide-ranging work of Professor Hugh Beale, who retires from full time teaching at Warwick University this year. It contains essays by twenty-five very distinguished authors, each of whom has worked with Professor Beale as a co-author, as a teaching colleague, during his time as Law Commissioner of England and Wales, or as part of the study groups working in Europe on contract and commercial law. The essays reflect different aspects of Professor Beale's interests. Some concentrate on English contract law, either from a historical or a current perspective, while others are focused on aspects of European contract law. There are four essays looking at current issues relating to security and financing, and, as befits a former Law Commissioner, three essays on law reform. The essays in the final section discuss trends in transnational and European commercial law. This book brings together the reflections of eminent writers from all over Europe on important issues facing contract and commercial law, and will be of interest to all scholars and practitioners working in these areas.

LEGAL HISTORY

Merchants and the Legislative Process in Thirteenth Century

England: The Making of the Statutes of Acton Burnel

(1283) and Merchants (1285)

Contract Terms Between Unequal Parties in Victorian England

LAW REFORM

Alternatives to Legislation: Restatements and Judicial Law Reform

The Impact of Rule-making by Financial Services Regulators

on the Common Law: The Lessons of PPI

Some Thoughts on Consumer Law Reform:

Consolidation, Codification or a Restatement?

ENGLISH CONTRACT LAW

Freedom to Exercise Contractual Rights of Termination

Regulating Unfair Terms

Time to Reflect on the Right to Reject

Universal Terms in Contract

10.

Some Thoughts on Undisclosed Agency

11.

Innominate Terms Revisited

12.

Variation and Termination of Consumer Contracts

EUROPEAN CONTRACT LAW

13.

Unfair Prices in the Common European Sales Law

14.

CISG and CESL: Simplicity, Fairness and Social Justice

15.

The Law of Assignment in European Contract Law

16.

Unfair Terms in Consumer Contracts

17.

‘General Principles’ of Contract Law in Transnational Instruments

18.

Interest for Delay in Payment of Money

SECURITY AND FINANCING

19.

The Assignment of Pure Intangibles in the Conflict of Laws

20.

Compulsory Central Clearing of OTC Derivatives: The

Changing Face of the Provision of Collateral

21.

European Secured Transactions Law at a Crossroad:

The Pitfalls of a ‘Piecemeal Approach’ to Harmonisation

22.

How Secure is Security?

TRENDS IN TRANSNATIONAL AND EUROPEAN COMMERCIAL LAW

23.

The Numerus Clausus of Property Rights: A European Principle?

24.

New Principles in the Legal World: The Hague Principles

on the Choice of Law in International Commercial Contracts

25.

Ex Officio Application in Case of Unenforceable Contracts

or Contract Clauses: EU Law and National Laws Confronted

Index.

Louise Gullifer is Professor of Commercial Law at the University of Oxford, and is Fellow and Tutor in Law at Harris Manchester College, Oxford. She is an associate member of 3 Verulam Buildings and a Bencher of Gray's Inn.
Stefan Vogenauer is Linklaters Professor of Comparative Law at the University of Oxford, Director of the Oxford Institute of European and Comparative Law, and a Fellow of Brasenose College, Oxford.