Economic Analysis of the DCFR ：The work of the Economic Impact Group within CoPECL

Publication subTitle ：The work of the Economic Impact Group within CoPECL

Author： Chirico Filomena;Larouche Pierre  

Publisher： sellier european law publishers‎

Publication year： 2010

E-ISBN: 9783866538559

Subject： D99 international law

Keyword： 国际法,法律

Language： ENG

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Description

The Economic Impact Group (EIG) was created to support the work on the DCFR with insights from law and economics. It brings together a number of leading European law and economics scholars. The Group looked at the main elements of the DCFR with two questions in mind: from an economic perspective, is it sensible to harmonize private law across Europe for this specific element, and is the solution chosen in the DCFR optimal?

This book presents the outcome of the work of the EIG. It deals with key issues such as the function of contract law, contract formation, good faith, non-discrimination, specific performance versus damages, standard contractual terms and consumer protection in contract law. The EIG complements the work of the drafters of the DCFR with insightful and critical assessments, based on the well-established law and economics literature.

Chapter

Frontmatter

Table of contents

List of contributors

Introduction

The Function of European Contract Law: An Economic Analysis

The Economic Function of Good Faith in European Contract Law

Non-Discrimination in the Common Principles of European Contract Law

The Formation of Contracts in the Draft Common Frame of Reference – A Law and Economics Perspective

Contract Interpretation – Interpretive Criteria

Judicial Control of Standard Terms and European Private Law

Specific Performance, Damages and Unforeseen Contingencies in the Draft Common Frame of Reference

Measure of Damages: Expectation, Reliance and Opportunity Cost

Remedies for Non-Performance: Chapter 3 of Book III of the DCFR from an Economist’s Perspective

Termination and Compensation in Long-Term Distribution Contracts: An Economic Perspective of EU Law

Variation and Unilateral Termination of an Agreement in the Draft Common Frame of Reference

Principles of European Insurance Contract Law: Law and Economic Insights

The DCFR and Consumer Protection: an Economic Assessment

The Boundary between Torts and Contracts: A Law and Economics Perspective

‘Legally Relevant Damage’ and A Priori Limits to Non-Contractual Liability in the DCFR

Conclusion

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