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Performance-Oriented Remedies in European Sale of Goods Law: Studies of the Oxford Institute of European and Comparative Law

Autor Vanessa Mak
en Limba Engleză Hardback – 14 ian 2009
Contractual remedies aimed at performance create a well-known rift between common law and civil law traditions, in the one existing in the shadow of damages, whilst in the other regarded as a generally enforceable right following from the contract. Developments in approximation of laws in Europe, in particular in consumer sales law, suggest however that a convergence of these approaches may be within reach. Putting the focus on the contract of sale, which as the most common type of contract may fulfil a leading role in the harmonisation process, this book aims to provide a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law lying at the heart of the process. Independently from this, the comparison between different systems is used in order to highlight particular problems in the remedial schemes of individual systems and to see whether a better solution may be borrowed from elsewhere. Scaling the interests of sellers and buyers as reflected in national laws as well as in uniform sets of rules such as CISG and PECL, a plea is made for a primary position for performance-oriented remedies in the harmonisation of European sales law. In this context, special significance is attributed to the possibility of cure by the seller, which has both practical and conceptual links to the buyer's remedies aimed at performance.
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Specificații

ISBN-13: 9781841138930
ISBN-10: 1841138932
Pagini: 244
Dimensiuni: 156 x 234 x 19 mm
Greutate: 0.51 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies of the Oxford Institute of European and Comparative Law

Locul publicării:London, United Kingdom

Notă biografică

Vanessa Mak has law degrees from Rotterdam and Oxford, where she also obtained her DPhil. She then lectured at Oriel College, Oxford, and is currently a post-doctoral Fellow at TICOM (Tilburg Institute of Comparative and Transnational Law), the Netherlands.

Cuprins

1-Introduction2-Harmonisation of European Sale of Goods Laws3-The Nature and Scope of Performance-Oriented Remedies4-The Buyer's Entitlement to Specific Performance5-Repair and Replacement6-The Seller's Right to Cure7-Cure: Enforcement, Limitations and the Hierarchy of Remedies8-Conclusion

Recenzii

an important addition to the literaturethis is a book which will be of interest to many, and it deserves to be read widely.
The thrust of Vanessa Mak's thesis . is a very rich comparative analysis of the 'performance-oriented remedies' in sale of goods contracts. We have nothing but praise for the clarity, the courage and the intelligence with which Vanessa Mak develops what she hold to be the best remedial regime for a future unique European sales law
It is a crisp combination of comparative law expertise and obligations scholarship, with a clear end in mind; its exposition is correspondingly limpid and ordered.This book is a well-written and excellent piece of work, and will be very valuable background reading for students and professors of contract and comparative law. It therefore comes with your reviwer's unreserved approval. Go out and buy it-or if you cannot do that, at least nag your library into getting it.

Descriere

This book provides a model for further convergence of European sales laws, engaging with issues of contract theory and comparative law.