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Uniform Rules for European Contract Law?: A Critical Assessment de Francisco de Elizalde

Uniform Rules for European Contract Law?: A Critical Assessment

Editat de Francisco de Elizalde
en Limba Engleză Hardback – 27 iun 2018
Over the last 30 years, the evolution ofacquis communautairein 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.
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Specificații

ISBN-13: 9781509916283
ISBN-10: 1509916288
Pagini: 296
Dimensiuni: 156 x 234 x 18 mm
Greutate: 1.13 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

The editor draws on the expertise of leading lawyers in the field.

Notă biografică

Francisco de Elizalde is Associate Professor of Law at IE University, Spain.

Cuprins

1. The First Stage of Modern European Contract Law Francisco de Elizalde2. The Role for European Contract Law: Uniformity or Diversity? Hugh Beale Part I: Uniform Rules for the Internal Market3. Ius Commune and Contract LawBart Wauters4. Optimal Standards for the Single Market: A Law and Economics Approach Juan José Ganuza and Fernando Gómez Pomar5. Non-national Rules in the Arbitration of Commercial Contracts Zeynep Derya Tarman Part II: Uniform Rules for National Legislators and Courts6. The Modernisation of the Law of Obligations Using the Principles of European Contract Law Encarna Roca Trías7. Uniform Rules as Guidelines for National Courts and Legislatures: The German ExperienceThomas Ackermann8. National Reforms: New Instruments Towards Converging Rules within Europe? The Example of the French Contract Law Reform (2016) Bénédicte Fauvarque-Cosson Part III: Uniform Rules to Bridge the Gap between the Common Law and the Civil Law9. The Rise of EU Consumer Law between Common Law and Civil Law Legal Traditions Geraint Howells and Mateja Durovic10. Bridging the Gap: The CISG as a Successful Legal Hybrid between Common Law and Civil Law? André Janssen and Navin G Ahuja11. 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 Countries12. European Contract Law and Asian Contract Law Mateja Durovic13. The Two Spirits of the PLACL Iñigo de la Maza Gazmuri14. The Effects of European Harmonisation on Turkish Contract Law Isik Önay15. An American Perspective on the European Harmonisation of Contract Law Larry A DiMatteo

Recenzii

Taken together, the essays collected in this book present a timely overview of the state of play of harmonised European contract law. For readers who are new to the field, such as students of transnational or European contract law, the book provides a fine introduction to the main themes and problems of harmonisation. For readers familiar with the field, the book confirms what lessons have been learnt since Ole Lando first proposed the creation of a set of Principles of European Contract Law. The creation of a European Civil Code, which was once a dream of some scholars in the field, has not come to be.

Descriere

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.