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Principles of European Law Volume 4: Personal Security Contracts

Principles of European Law Volume 4 Personal Security Contracts

  • Author:
  • Publisher: Oxford University Press
  • ISBN: 9780199295999
  • Published In: September 2007
  • Format: Hardback , 608 pages
  • Jurisdiction: Europe ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Contents 
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  • 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

  • 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

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

    Contributors:

    Professor von Bar


    Professor Drobnig

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