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Uniform Rules for European Contract Law? A Critical Assessment

Uniform Rules for European Contract Law? A Critical Assessment

Author: Francisco de Elizalde
Publisher: Hart Publishing
ISBN: 9781509916283

Published In: June 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509943692

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Contents

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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