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Principles of European Law Volume 3

Principles of European Law Volume 3 Service Contracts

Author: Maurits Barendrecht; Chris Jansen; Marco Loos;et al
Publisher: Oxford University Press
ISBN: 9780199296002
Published In: February 2007
Format: Hardback , 1096 pages
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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An original contribution to the scholarly debates about the Europeanization of private law
Based on research from the Study Group on a European Civil Code
Advances a set of systematically presented rules similar to national Civil Codes as a set of Common European Principles for the functioning of the Common Market

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.

Like the Commission on European Contract Law's

Principles of European Contract Law

, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.

The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.

The

Principles of European Law

are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

Readership: Academics and advanced scholars in European Union Law; in particular private and civil law, European integration and European constitutionalism

Preface to the Collection
Preface to the Book
Part X (Services Contracts)
Black Letter Rules
Black Letter Rules (French)
Black Letter Rules (German)
General Introduction
Chapter 1 (General Provisions)
General Comments
Relation To Other Parts Of The European Civil Code
Article 101: Scope of Application
Article 102: Price
Article 103: Precontractual Duties to Warn
Article 104: Duty to Co-operate
Article 105: Circumstances in which the Service is to be Performed
Article 106: Duties of the Service Provider regarding Input
Article 107: General Standard of Care for Services
Article 108: Result Stated or Envisaged by the Client
Article 109: Directions of the Client
Article 110: Contractual Duty of the Service Provider to Warn
Article 111: Variation of the Service Contract
Article 112: Remedies for Breach of Duties of the Service Provider
Article 113: Failure to Notify for Non-Conformity
Article 114: Limitation of Liability
Article 115: Cancellation of the Service Contract
Chapter 2 (Construction)
General Comments
Relation To Other Parts Of The European Civil Code
Article 201: Scope of Application
Article 202: Duty to Co-operate of the Client
Article 203: Duty of Care of the Constructor
Article 204: Conformity of the Structure
Article 205: Inspection, Supervision and Acceptance
Article 206: Handing Over of the Structure
Article 207: Payment of the Price
Article 208: Risks
Article 209: Specific Performance and Cure
Article 210: Resort to Other Remedies
Article 211: Prescription of Remedies based on Non-Conformity
Chapter 3 (Processing)
General Comments
Relation To Other Parts Of The European Civil Code
Article 301: Scope of Application
Article 302: Duty to Co-operate of the Client
Article 303: Circumstances in which the Service is to be Performed
Article 304: Duty of Care of the Processor
Article 305: Conformity
Article 306: Inspection and Supervision
Article 307: Return of the Structure
Article 308: Payment of the Price
Article 309: Risks
Article 310: Specific Performance and Cure
Article 311: Resort to Other Remedies
Article 312: Limitation of Liability
Chapter 4 (Storage)
General Comments
Relation To Other Parts Of The European Civil Code
Article 401: Scope of Application
Article 402: Precontractual Duties to Warn
Article 403: Circumstances in which the Service is to be Performed
Article 404: Duties of the Storer regarding Input
Article 405: Duty of Care of the Storer
Article 406: Return of the Thing
Article 407: Conformity
Article 408: Payment of the Price
Article 409: Duty to Account
Article 410: Risks
Article 411: Remedies for Non-conformity
Article 412: Limitation of Liability
Article 413: Liability of Hotel-keeper
Chapter 5 (Design)
General Comments
Relation To Other Parts Of The European Civil Code
Article 501: Scope of Application
Article 502: Duty of the Designer to Warn
Article 503: Duty to Co-operate of the Client
Article 504: Duty of Care of the Designer
Article 505: Conformity
Article 506: Handing Over of the Design
Article 507: Duty of the Designer to Keep Records
Article 508: Limitation of Liability
Chapter 6 (Information)
General Comments
Relation To Other Parts Of The European Civil Code
Article 601: Scope of Application
Article 602: Circumstances in which the Service is to be Performed
Article 603: Duties of the Information Provider regarding Input
Article 604: Duty of Care of the Information Provider
Article 605: Conformity
Article 606: Duty to Give Account
Article 607: Conflict of Interest
Article 608: Influence of Ability of the Client
Article 609 Causation
Chapter 7 (Treatment)
General Comments
Relation To Other Parts Of The European Civil Code
Article 701: Scope of Application
Article 702: Circumstances in which the service is to be performed
Article 703: Duties of the Treatment Provider regarding Input
Article 704: Duty of Care of the Treatment Provider
Article 705: Duty to inform of the Treatment Provider
Article 706: Duty to Inform in case of Unnecessary or Experimental Treatment
Article 707: Exceptions to the Duty to Inform
Article 708: Duty to Obtain Consent
Article 709: Duty to Give Account
Article 710: Remedies for Non-Performance
Article 711: Central Liability of Treatment Providing Organisations
Bibliography
Table Of Statutes
Table Of Cases
Index

Edited by Maurits Barendrecht, Professor at the Katholieke Universiteit Brabant, Tilburg, Chris Jansen, Marco Loos, Andrea Pinna, Rui Cascao, and Stephanie Van Gulijk