: Christian von Bar, Ulrich Drobnig
: The Interaction of Contract Law and Tort and Property Law in Europe A Comparative Study
: sellier.european law publishers
: 9783866537316
: 1
: CHF 57.70
:
: Internationales Recht, Ausländisches Recht
: English
: 573
: DRM
: PC/MAC/eReader/Tablet
: PDF
< >Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other.

The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Preface8
Table of Contents10
Introduction34
I. The Background34
II. The Problems43
III. Methods and Authorship of this Study54
Part One: Non-contractual Liability and Contract Law58
I. Overview of National Approaches to Non-contractual Liability Law58
II. The Main Differences between Contractual and Non- contractual Liability for Damage75
III. The Problem of Concurrence of Actions222
IV. Interference with Contractual Rights244
V. Liability Issues in Specific Contexts255
VI. Terminological Differences between Contract and Tort Law338
VII. Private International Law343
Part Two: Property Law and Contract Law350
I. Scope of This Part350
II. Contract Law and Transfer of Title in Movables357
III. Contractual Security Rights in Movables and Contract Law365
IV. Contractual Security Rights in Immoveables (Mortgage) and Contract Law382
V. Trust Law396
Part Three: Issues Common to Parts One and Two432
I. Electronic Communication432
II. L’Opposabilit des Contrats aux Tiers et par les Tiers439
III. Information about Foreign Law461
Part Four: Information from Legal and Business Practice464
Part Five: Analysis and Recommendations490
I. Tort Law and Contract Law490
II. Property Law and Contract Law500
Annexes504
Table of Abbreviations504
Table of Codes, Statutes and other Legislation518
Table of Cases from English Speaking Jurisdictions548
Table of Literature558