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.
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