Uniform rules for European contract law? : a critical assessment

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書誌事項

Uniform rules for European contract law? : a critical assessment

edited by Francisco de Elizalde

Hart, 2018

  • : hb

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注記

Includes index

内容説明・目次

内容説明

Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on 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.

目次

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 Jose Ganuza and Fernando Gomez 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 Trias 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) Benedicte 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? Andre 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 Inigo de la Maza Gazmuri 14. The Effects of European Harmonisation on Turkish Contract Law Isik OEnay 15. An American Perspective on the European Harmonisation of Contract Law Larry A DiMatteo

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