Alternative ways to ius commune : the Europeanisation of private law
- Cambridge, U.K. ; Portland : Intersentia ; [Maastricht, The Netherlands] : METRO, c2012.
- Physical description
- xi, 255 p. : ill. ; 24 cm.
- Ius commune europaeum v. 105.
KJC985 .A58 2012
- Unknown KJC985 .A58 2012
- Includes bibliographical references.
- The optional instrument and the Consumer rights directive : alternative ways to a new ius commune in contract law : introduction / Marco B.M. Loos and Anne L.M. Keirse
- Private law, global governance and the European Union / Jan Wouters
- Cross-border family relations in Europe : towards a common European matrimonial property law based upon cooperation between private international law and substantive law / Katharina Boele-Woelki
- A historical perspective on the protection of weaker parties : non-state regulators, colonial trade, and the market for junk bonds (16th-17th centuries) / Wim Decock
- The impact of Directive 2011/83/EU on consumer rights / Anca D. Chiriţă
- The proposal for a Common European sales law : how its drafting process might affect the optional instrument's added value for contract parties and its success / Esther van Schagen
- Historical perspectives on the remedies / C.J. de Bruijn
- Remedies in the European harmonisation projects : enforced performances, termination and damages / Tâm Dang Vu
- The seller's right to cure in the CISG and the Common European sales law / Sonja A. Kruisinga
- Price reduction as a remedy in European contract law and the consumer acquis / Sanne Jansen
- Suspension as a temporary defence in European contract law / Sanne Jansen
- Rethinking the treatment of the mitigation of loss under the Common European sales law / Anne L.M. Keirse.
- Publisher's Summary
- In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. Decock and Chirita approach the CRD from an historical and a competition law perspective; Van Schagen argues that the way the CESL is drafted endangers its chances of being applied in practice. De Bruijn, Dang Vu, Kruisinga, Jansen and Keirse address several matters regarding the remedies for non-conformity under the CESL. The book opens, however, with three more general papers. Loos and Keirse first address the development of European private law, from the 1975 Consumer Policy Programme to the CRD and the CESL. Wouters addresses the relationship between private law, global governance and the European Union, and Boele-Woelki draws attention to the harmonisation of European matrimonial property law. This book thus represents the most important developments in the area of European private law. As such, it will provide important insights for the practitioner and academic interested in the course of these developments.
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- Publication date
- editors, Marco B.M. Loos, Anne L.M. Keirse.
- Title Variation
- Europeanisation of private law
- Europeanization of private law
- Ius commune europaeum ; v. 105