The transformation of European private law : harmonisation, consolidation, codification or chaos? / edited by James Devenney and Mel Kenny.

Cambridge : Cambridge University Press, 2013.
1 online resource (352 p.)
Civil law -- European Union countries.
Electronic books.
A critical overview of the Europeanisation of private law at a watershed moment, a point of punctuated equilibrium.
Contents; Foreword; Abbreviations; Introduction; 1 The Draft Common Frame of Reference in relation to English contract law; Introduction; Meaning of 'principle'; Subjective intention in contract formation; Specific performance; Mistake; Misrepresentation; Unfairness; Conclusion; 2 The Draft Common Frame of Reference and European contract law: moving from the 'academic' to the 'political'; Draft Common Frame of Reference: an 'academic' proposal for legislative reform; Mixed reaction to the DCFR; Approaching private law 'as an organic entity or unit'12; Drafting style; Policy
Case study: DCFR Book II, article 3:301 (liability for negotiations contrary to good faith and fair dealing)Moving from the academic to the political: the Green Paper, the Expert Group Feasibility Study and the proposal for a Regulation on a Common European Sales Law; A source for legal science, research and education; DCFR as a source of law; Conclusion; 3 The Europeanisation of contract law and the role of comparative law: the case of the Directive on Consumer Rights; The harmonisation process: the confused paths and goals of European institutions; Introduction
In defence of a 'full targeted harmonisation'Directive on Consumer Rights and the effects of full targeted harmonisation from a comparative perspective; Strucure of the Directive on Consumer Rights; Definitions of 'consumer', 'professional' and 'consumer contracts' and their possible extension; Consumer rights and unfair contract terms: the grey and black lists; Sales contracts and associated guarantees; Limitation period; Time of delivery; Passing of risks; Final remarks; 4 The private law dimension to the 'state of the Union': (D)CFR/CESL initiatives and the Europeanisation of private law
Context of consolidation: ever closer Union?Fragmentation and polycentricity; Coherence of EU law; Developing the (D)CFR/CESL initiative; Critical reflections on the (proposed) CESL; A new fragmentation - shifting fault-lines?; Challenge of ensuring consistency of interpretation; Divergences in application; Effective enforcement of consumer protection provisions; Conclusions; 5 European contract law: how to exclude land?; Land and the Draft Common Frame of Reference; Things immovable; Human action test; Land as an excluded category; Movables; Consumption of land; Rights; Ownership
Limited proprietary rightsReal rights in civilian Europe; Common law; Trusts; Personal rights; Juridical acts; Contracts for sale of land; Conclusion; 6 Harmonisation and its discontents: a transaction costs critique of a European contract law; Introduction; Haste and its customary consequences; Transaction cost argument; Evidence for the transaction cost argument; Evidence that is ignored; Teleology of the Green Paper; Implicit foundation of the transaction cost argument; Collins and citizenship; Conclusion; 7 Theory and practice of constructing a common contract law terminology
Impact of multilingualism on the contract
Description based upon print version of record.
Includes bibliographical references and index.
Description based on print version record.
Devenney, James.
Kenny, Mel.
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