Today, international sales contracts are frequently governed by the 1980 UN Convention on the International Sale of Goods (CISG). The CISG is in force in more than 60 states all over world - both industrial nations and developing countries. It has been widely applied in international commercial transactions in the past twenty years. More than 1,700 decisions by state courts and arbitral tribunals have been reported so far. In short, the CISG has been one of the success stories in the field of the international unification of private law. The authors introduce the reader to the mechanics of that highly successful Convention by describing and analyzing the areas that the Convention covers, in particular its scope of application, the rules on the formation of contract, and the actual sales provisions. The book is primarily aimed at students, academics, and practitioners who have not yet studied the Convention in detail. From a comparative perspective, the book will be of particular interest as it combines a civil law view and a common law view on the CISG.

The CISG: A New Textbook for Students and Practitioners

Huber, Peter

Mullis, Alastair

Foreign & International Law

Sellier European Law Pub

Originally, contract law was considered to be immune from the effect of fundamental rights, the function of which was limited to individual defenses against the vigilant eye of the state. This traditional view, however, has recently been put under pressure as a result of fundamental rights increasingly becoming relevant for contract law. This book discusses the relationship between fundamental rights and private law in general - in Germany, the Netherlands, and the UK, as well as in EU law and the law of the European Court of Human Rights - against the background of the underlying rationale for the distinction between public and private law as it has developed on the continent. Additionally, the book examines whether and, if so, how the interests of the weaker party can be protected on the level of fundamental rights and contract law. The final section of the book builds upon the insights and conclusions drawn from the theoretical and practical perspectives to develop recommendations regarding the desirable extent of the constitutionalization of contract law.

Fundamental Rights, Contract Law and the Protection of the Weaker Party: A Comparative Analysis of the Constitutionalisation of Contract Law, With Emphasis on Risky Financial Transactions

Cherednychenko, Olha O.

Business

In the context of the harmonization of European contract law, this volume in the Principles of European Law series deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The principles of European law on mandate contracts not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the EU Member States. Thus, the principles are conducive to advance the process of Europeanization of private law. (Series: Principles of European Law)

Mandate Contracts (Principles of European Law: Study Group on a European Civil Code) (English, Dutch, Finnish, French, German, Italian, Slovak, Spanish and Swedish Edition)

Loos, Marco B.M.

Diaz, Odavia Bueno

In Europe, the Consumer Sales Directive has, to a large extent, harmonized the consumer's rights and remedies against professional sellers. As a next step, the European Commission now favors the introduction of an EU-wide direct producers' liability. Currently, the situation in Europe is divided. Whereas in most jurisdictions consumers can only bring claims against their sellers, a growing number of countries recognize a direct claim of the consumer or final buyer against the producer. This book compiles national reports from more than 20 European countries on the consumer's remedies for non-conforming goods and the final seller's right of redress. Additional contributions approach this topic from the perspectives of law and economics, legal history, and behavioral psychology. A comprehensive introductory chapter provides a comparative report on the different models of producers' liability, including their impact on the internal market, and sets out elements for further harmonization.

European Perspectives on Producers' Liability: Direct Producers' Liability for Non-conformity and the Sellers' Right of Redress

The EC Consumer Law Compendium presents the results of a wide-ranging study prepared for the European Commission. This compendium provides the reader with the necessary information for conducting pan-European, cross-border, consumer transactions. For the first time, the transposition of eight key consumer directives into the national laws of all Member States is analyzed, including those on sales, unfair terms, distance, and door-to-door sales, as well as package travel, and timeshare. The findings of this study reveal substantial differences between the various national implementing measures as a result of utilizing minimum harmonization clauses and regulatory options.

EC Consumer Law Compendium: The Consumer Acquis and Its Transposition in the Member States

This book contains the proceedings of the symposium "Common Frame of Reference and Existing EC Contract Law" held in Munster, Germany in December 2007. The table of contents include: The Academic Draft of the CFR and the EC Contract Law * Comparative Law and CFR * Managing the Complexity of EU Private Law: Chances of a Uniform Terminology * Acquis Communautaire and Structures of the CFR * Commercial Contracts and Consumer Contracts * Precontractual Information Duties * Non Discrimination * Withdrawal * Non-Negotiated Terms * Non-Performance and Remedies * Damages * Restatement of European Insurance Law * CFR and Private International Law * Austrian View * Hungarian View * Spanish View

Common Frame of Reference and Existing EC Contract Law

The Association Henri Capitant des Amis de la Culture Juridique FranÃ§aise and the SociÃ©tÃ© de lÃ©gislation comparÃ©e joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles," as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work contributes to the wider European project. The part on the guiding principles could be a component of the Common Frame of Reference (CFR), in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.

European Contract Law: Materials for a Common Frame of Reference: Terminology, Guiding Principles, Model Rules

This is the first volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series plans to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code." Volume 1 examines Austria, Estonia, Italy and Slovenia. Starting with general property law issues - like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection - the reports primarily deal with the "derivative" transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law, and legal literature prepared by national property law experts. These reports are a starting point for further comparative research in property law and also a tool for practitioners searching for information on foreign legal systems. Where available and as far as reasonable, the reports include translations of the most important statutory provisions either in the text or in an annex. All reports include a table of literature and a table of abbreviations, which shall facilitate carrying out further research.

National Reports on the Transfer of Movables in Europe: Austria, Estonia, Italy, Slovenia (Schriften Zur Europaischen Rechtswissenschaft/ European Legal Studies/Estudes Juridiques Europeennes)

In October 2008, the European Commission published the Proposal for a Consumer Rights Directive - a proposal that suggests far-reaching changes to the core of consumer contract law. Four current directives are replaced by a new overarching piece of legislation. In doing so, full harmonization should, for the most part, take the place of the minimum standard presently in force in the EU. Although a welcomed initiative, the extent and possible effects of the Proposal have certainly brought a number of issues to the fore. In January 2009, legal experts - from universities, legal practices, and the civil service - met at Manchester University to address the issues raised by the Proposal and to address the question of the extent to which the Proposal can indeed contribute to the modernization and harmonization of European consumer contract law. This book contains the proceedings of the conference, and includes papers that analyze, criticize, and suggest improvements for the Proposal.

Modernising and Harmonising Consumer Contract Law: With Reference to the Planned Horizontal Consumer Contract Directive

This is the second volume of a series of national reports on basic issues concerning the acquisition and loss of ownership of movable assets. The series is planned to cover 27 European legal systems, distributed over six volumes, as a product of the research activities of the working group "Transfer of Movables" within the "Study Group on a European Civil Code." Volume 2 examines England/Wales, Ireland, Scotland, and Cyprus. Starting with general property law issues - like the concepts of ownership and possession employed in the respective legal systems, and the related means of protection - the reports primarily deal with the "derivative" transfer of ownership, but extend to good faith acquisition from a non-owner, acquisitive prescription, processing and commingling, and further related issues. The reports provide the reader with detailed information about the respective rules, case law, and legal literature prepared by national property law experts. These reports are a starting point for further comparative research in property law and are also a tool for practitioners searching for information on foreign legal systems. Where available, and as far as reasonable, the reports include translations of the most important statutory provisions either in the text or in an annex. All reports include a table of literature and a table of abbreviations, which shall facilitate carrying out further research.Ëœ

National Reports on the Transfer of Movables in Europe: England and Wales, Ireland, Scotland, Cyprus (Schriften Zur Europaischen ... Legal Studies/Etudes Juridiques Europeennes)

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