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Uniform Rules for European Contract Law? A Critical Assessment

Uniform Rules for European Contract Law? A Critical Assessment

Name: Uniform Rules for European Contract Law? A Critical Assessment
Brand: Hart Publishing
SKU: 9781509943692
Price: 630.37 HKD
Availability: InStock
Author: Francisco de Elizalde
ISBN: 9781509943692

By Francisco de Elizalde

Hart Publishing December 2020

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ISBN-13: 9781509943692
Publisher: Hart Publishing
Publication: December 2020
Format: Paperback
Jurisdiction: European Union ? Countri(es) for reference only

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Over the last 25 years, the landscape of European contract law has been utterly transformed with the evolution of the Acquis communautaire in consumer law and the Principles of European Contract Law. The initial enthusiasm and approval for the programme has waned and, post Brexit, it currently faces increased criticism over its effectiveness.

In this collection, leading academics assess the project and ask if such judgments are fair and suggest how harmonisation in the field might be better achieved. Taking a four part approach, it looks at the uniform rules as they apply to the internal market; to national legislators and courts; to common and civil law and finally to non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.

1. The First Stage of Modern European Contract Law

Francisco de Elizalde

2. The Role for European Contract Law: Uniformity or Diversity?

Hugh Beale

Part I: Uniform Rules for the Internal Market

3. Ius Commune and Contract Law

Bart Wauters

4. Optimal Standards for the Single Market: A Law and Economics Approach

Juan José Ganuza and Fernando Gómez Pomar

5. Non-national Rules in the Arbitration of Commercial Contracts

Zeynep Derya Tarman

Part II: Uniform Rules for National Legislators and Courts

6. The Modernisation of the Law of Obligations Using the Principles of European Contract Law

Encarna Roca Trías

7. Uniform Rules as Guidelines for National Courts and Legislatures: The German Experience

Thomas Ackermann

8. National Reforms: New Instruments Towards Converging Rules within Europe? The Example of the French Contract Law Reform (2016)

Bénédicte Fauvarque-Cosson

Part III: Uniform Rules to Bridge the Gap between the Common Law and the Civil Law

9. The Rise of EU Consumer Law between Common Law and Civil Law Legal Traditions

Geraint Howells and Mateja Durovic

10. Bridging the Gap: The CISG as a Successful Legal Hybrid between Common Law and Civil Law?

André Janssen and Navin G Ahuja

11. The Sources and Effects of Contractual Terms: Towards an Approximation of Common Law and Civil Law

Francisco de Elizalde

Part IV: Uniform Rules as a Model for Non-EU Countries

12. European Contract Law and Asian Contract Law

Mateja Durovic

13. The Two Spirits of the PLACL

Iñigo de la Maza Gazmuri

14. The Effects of European Harmonisation on Turkish Contract Law

Isik Önay

15. An American Perspective on the European Harmonisation of Contract Law

Larry A DiMatteo

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Table of Contents

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