Principles of European Law Volume 4: Personal Security Contracts

European Union Law

Principles of European Law Volume 4 Personal Security Contracts

By Ulrich Drobnig
Oxford University Press September 2007

Specifications

ISBN-13
9780199295999
Publisher
Oxford University Press
Publication
September 2007
Format
Hardback , 608 pages
Jurisdiction
Europe ? Countri(es) for reference only

Details

  • An original contribution to the scholarly debates about the Europeanisation 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 Europeanisation 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

Table of Contents

Professor von Bar: FOREWORD
Professor Drobnig: Preface
Text of the Rules
English
Danish
Dutch
French
German
Italian
Spanish
Introduction
Text, Comments and National Notes
I Common Rules
Article x:101: Definitions
Article x:102: Scope
Article x:103: Freedom of Contract
Article x:104: Creditor's Acceptance
Article x:105: Interpretation
Article x:106: Co-debtorship for Purposes of Security
Article x:107: Several Security Providers
Article x:108: Rights After Performance by One or More of Several Security Providers
Article x:109: Recourse Against the Debtor After Performance by One or More of Several Security Providers
Article x:110: Subsidiary Application of Rules on Solidary Debtors
II Dependent Personal Securities (Suretyship Guarantees)
Article x:201: Presumption for Dependent Personal Security
Article x:202: Terms and Extent of the Security Provider's Obligations
Article x:203: Debtor's Defences Available to the Security Provider
Article x:204: Coverage of Security
Article x:205: Solidary Liability of Security Provider
Article x:206: Subsidiary Liability of Security Provider
Article x:207: Creditor's Obligations of Notification
Article x:208: Time Limit for Resort to Security
Article x:209: Limiting Security Without Time Limit for Secured Obligations
Article x:210: Creditor's Liability
Article x:211: Debtor's Relief for the Security Provider
Article x:212: Security Provider's Obligations Before Performance
Article x:213: Security Provider's Rights After Performance
III Independent Personal Securities (Indemnities/Independent Guarantees)
Article x:301: Scope
Article x:302: Security Provider's Obligations before Performance
Article x:303: Independent Personal Security on First Demand
Article x:304: Manifestly Abusive or Fraudulent Demand
Article x:305: Security Provider's Right to Reclaim Performance
Article x:306: Securities With or Without Time Limits
Article x:307: Transfer of Security
Article x:308: Security Provider's Rights After Performance
IV Special Rules for Personal Securities by Persons Requiring Special Protection
Article x:401: Scope of Application
Article x :402 : Mandatory Provisions
Article x:403: Creditor's Precontractual Obligation of Information
Article x:404: Door-to-Door Security Transactions
Article x:405: Form
Article x:406: Nature of Security Provider's Liability
Article x:407: Creditor's Obligation of Annual Information
Article x:408: Limiting Security With Time Limit for Secured Obligations

About the Author

Edited by Ulrich Drobnig, Professor of Law, Universitat Hamburg; Max-Planck Institute, Hamburg

Contributors:

Professor von Bar


Professor Drobnig

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