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European Contract Law : Scots and South African Perspectives / Hector MacQueen, Reinhard Zimmermann.

By: Contributor(s): Material type: TextTextSeries: Edinburgh Studies in Law : ESLPublisher: Edinburgh : Edinburgh University Press, [2022]Copyright date: ©2006Description: 1 online resource (400 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780748624256
  • 9781474470582
Subject(s): DDC classification:
  • 346.2402 22
Other classification:
  • online - DeGruyter
Online resources: Available additional physical forms:
  • Issued also in print.
Contents:
Frontmatter -- Contents -- Preface -- List of Contributors -- List of Abbreviations -- 1 Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea -- 2 Good Faith -- 3 Offer, Acceptance and the Moment of Contract Formation -- 4 The Battle of Forms -- 5 Agency -- 6 Threats and Excessive Benefits or Unfair Advantage -- 7 Interpretation -- 8 Third-Party Contracts -- 9 Payment -- 10 Specific Performance and Special Damages -- 11 Termination for Breach of Contract -- 12 Assignment -- 13 Capitalisation of Interest -- APPENDIX The Principles of European Contract Law* -- List of Cases -- Index
Summary: Analyses how these two legal systems have pre-empted and would need to respond to a European contract lawGBS_insertPreviewButtonPopup('ISBN:9780748624256);This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day."
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9781474470582

Frontmatter -- Contents -- Preface -- List of Contributors -- List of Abbreviations -- 1 Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea -- 2 Good Faith -- 3 Offer, Acceptance and the Moment of Contract Formation -- 4 The Battle of Forms -- 5 Agency -- 6 Threats and Excessive Benefits or Unfair Advantage -- 7 Interpretation -- 8 Third-Party Contracts -- 9 Payment -- 10 Specific Performance and Special Damages -- 11 Termination for Breach of Contract -- 12 Assignment -- 13 Capitalisation of Interest -- APPENDIX The Principles of European Contract Law* -- List of Cases -- Index

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

Analyses how these two legal systems have pre-empted and would need to respond to a European contract lawGBS_insertPreviewButtonPopup('ISBN:9780748624256);This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day."

Issued also in print.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 02. Mrz 2022)