Towards a European Contract Law

Author： Schulze Reiner;Stuyck Jules  

Publisher： sellier european law publishers‎

Publication year： 2011

E-ISBN: 9783866539549

Subject： D99 international law

Keyword： 国际法,法律

Language： ENG

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Description

In the decisive political stage of the preparations for an optional European contract law, this volume voices criticism and makes suggestions for improvements to the "Feasibility Study" that shall be followed by a legislative initiative of the European Commission.

These proceedings of the conference "Towards a European Contract Law" held in June 2011 include the responses from renowned European academics, legal practitioners and political representatives to the Commissions' preparatory work on an optional European contract law as well as the programmatic speech of Commissions' Vice-president Viviane Reding.

Furthermore, the full text of the Feasibility Study for a Future Instrument in European Contract Law is available in the annex to this volume.

Chapter

Foreword

Contributors

Part I. Introduction

Towards a European Contract Law – An Introduction

The Next Steps Towards a European Contract Law for Businesses and Consumers

Part II. Scope and Function

Towards a European Contract Law

Scope and Function of the Optional Instrument on European Contract Law

Part III. Pre-contractual Duties

Pre-contractual Information. Duties in the Optional Instrument

Part IV. Formation

Contract Formation – An Illustration of the Difficult Interface with National Law and Enforcement

Conclusion of the Contract

“Invalidity” of Contracts and Contract Terms in the Feasibility Study on a Future Instrument for European Contract Law

Part V. Unfairness and Non-negotiated Terms

Unfairness and Non-negotiated Terms

Unfair Terms in Contracts Between Businesses

Part VI. Performance and Remedies

The Influence of the Chosen Structure of the Draft for the Optional Instrument on the Functioning of the System of Remedies

Performance and Remedies

Part VII. Panel Discussion. Overarching Issues and Perspectives

European Contract Law – The Case for a Growing Optional Instrument

A Step Further in a Long and Incremental Process: the Feasibility Study of the Expert Group on European Contract Law

The European Contract Law – Seen by a Judge

A ‘Certain’ Future for the Optional Instrument

Second and First Step Towards a European Contract Law

Towards a European Contract Law that Truly Serves European Citizens and Businesses

Part VIII. Future Perspectives

On a European Contract Law for Consumers and Businesses – Future Perspectives

Annex. Feasibility Study for a Future Instrument in European Contract Law

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