Common Frame of Reference and Existing EC Contract Law n.a.
:
Reiner Schulze
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Reiner Schulze (Ed.)
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Common Frame of Reference and Existing EC Contract Law n.a.
:
sellier.european law publishers
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9783866538009
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1
:
CHF 61.30
:
:
Internationales Recht, Ausländisches Recht
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English
:
368
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DRM
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PC/MAC/eReader/Tablet
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PDF
< >The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.
Foreword
6
Contributors
8
Contents
10
The Academic Draft of the CFR and the EC Contract Law
16
Comparative Law and Common Frame of Reference
38
“A Better Coherence of EU Private Law” and Multilingualism: Two Opposing Principles?
46
Contract Law or Law of Obligations? – The Draft Common Frame of Reference (DCFR) as a multifunction tool
60
Contracts between Consumer Protection and Trade Usages: Some Observations on the Importance of State Contract Law
78
Pre-contractual duties – from the acquis to the Common Frame of Reference
110
Non-Discrimination
140
The Right of Withdrawal, the Acquis Principles and the Draft Common Frame of Reference
158
Non-Negotiated Terms
190
The Remedies for Non-Performance in the System of the Acquis Group
202
The damages rules in the acquis communautaire, in the Acquis Principles and in the DCFR
218
The Common Frame of Reference (CFR) of European Insurance Contract Law
242
DCFR and Property Law: the need for consistency and coherence
262
Cadre commun de réference et droit international privé
276
Europäisches Vertragsrecht – Österreichische Haltung
298
Connection between the CFR and a possible horizontal instrument of consumer law
310
Acquis Principles
314
Table of Cases
368