Towards a European Civil Code - Hardcover

Hardcover

ISBN 10: 9041110313 ISBN 13: 9789041110312

Publisher: Kluwer Law International, 1998

Synopsis

When Towards a European Civil Code appeared in 1994, it was one of the first publications on European private law. After its publication a great number of major events took place. To mention only a few: both the UNIDROIT and the Lando Commission published their Principles; Markesinis published a book on the gradual convergence of common law and civil law in Europe, Kotz published a first book on European Contract Law, and Von Bar did so on European Tort Law; the Trento Project on The Common Core of Private Law in Europe was commenced by Mattei and Bussani; and an international conference was held in The Hague under the very title Towards a European Civil Code. These events, and indeed many others, convinced us that the idea of a possible common code for Europe is not as bold as it might have seemed when we started preparations for the first edition of this book in 1991. European private law has become an established field of research in which many eminent scholars from all over Europe are involved. Courses on European private law are taught in several European universities. All these events -- and the commercial success of the first edition -- called for a second edition. This second edition differs from the first in several respects. First, we have added several new subjects, which have increased the number of chapters from 23 to 36. Secondly, we no longer asked the contributors to discuss the feasibility of a European common law -- except for a few chapters which deal with completely new topics -- but instead to directly address the possible content of common rules. Thirdly, we are glad to welcome some new authors for some of the subjects already included in the first edition. Finally, all chapters have been updated.

About this title

Product Description

After the first edition of this text appeared in 1994, a number of major events took place. To mention a few: both the UNIDROIT and the Lando Commission published their Principles; Markesinis published a book on the gradual convergence of common law and civil law in Europe, Kotz published a first book on European Contract Law, and Von Bar did so on European Tort Law. European private law has become an establihsed field of research in which scholars from all over Europe are involved, and courses on European private law are taught in several European universities. This second revised and expanded edition adds several new subjects and directly addresses the possible content of common rules.

From the Inside Flap

Since its original publication ten years ago, Towards a European Civil Code has become an international classic. It is both a preeminent reference in the debate on the future of European private law, and a standard text in legal education in many European universities. This third, fully revised and expanded edition includes new contributions on such important matters as the following: constitutionalisation; social concerns; economic analysis; arguments against a European civil code; e-commerce; and sales, service and insurance contracts.
All forty four chapters have been brought fully up to date with European and national developments, making Towards a European Civil Code the cornerstone in any endeavour involving issues in European private law.
Contents:

PART 1 ? GENERAL ISSUES
CHAPTER
1 Ewoud Hondius- Towards a European Civil Code
2 Reinhard Zimmermann- Roman Law and the Harmonisation of Private Law in Europe
3 Klaus Peter Berger- European Private Law, Lex Mercatoria and Globalisation.
4 Richard Hyland- The American Experience: Restatements, the UCC, Uniform Laws, and Transnational Coordination.
5 Peter-Christian Müller-Graff- EC Directives as a Means of Private Law Unification
6 Walter van Gerven- The ECJ Case-law as a Means of Unification of Private Law?
7 Arthur Hartkamp- Principles of Contract Law
8 Konstantinos Kerameus- Procedural Implications of Civil Law Unification
9 Joerges- On the legitimacy of Europeanising private law: Considerations on a law of justi(ce)-fication (justum facere) for the EU multi-level system
10 Horatia Muir Watt- Could the Conflict of Laws Fit into a European Civil Code? The Challenge of Market Integration for European Conflicts Theory.
11 Zeno Zencovich / Vardi- The constitutional basis of a European private law (The relationship between human rights and EPR)
12 Gordley- The Foreseeability Limitation on Liability in Contract (Philosophical Origins European Private Law).
13 Ramberg- Towards a European Civil Code E-commerce
14 Legrand- A diabolical Idea.
15 Lurger- The lSociall Side of Contract Law and the New Principle of Regard and Fairness.
16 Mattei- Basic first please! A critique of some recent priorities shown by the commission ls action plan

PART 2 ? SUBSTANTIVE LAW
A Family law and law of succession
CHAPTER
17 Dieter Martiny- Is unification of family law feasible or even desirable?
18 Verbeke / Leleu- Harmonization of the law of succession in Europe
B Contract law ? General issues
CHAPTER
19 Sacco- Formation of Contracts.
20 Sjef van Erp- The pre-contractual stage
21 Bonell- Agency
22 Fabre-Magnan/ Sefton-Green- Defects on Consent in contract law.
23 MacQueen- Illegality and immorality in Contracts: Towards European Principles.
24 Wilhelmsson- Standard Form Conditions
25 Canaris / Grigoleit- Interpretation of Contracts
26 Martijn Hesselink- The concept of Good Faith
27 Tallon- Hardship
28 Ole Lando- Non-performance (breach) of contracts
29 Bonell- Limitation periods.
C Contract law ? Specific contracts
CHAPTER
30 Heutger / Jeloschek- Towards Principles of European Sales Law
31 Basedow- The case for a European Insurance Contract Code
32 Loos- Service Contracts
D Restitution
CHAPTER
33 Eric Clive- Unjustified Enrichment
E Tort
CHAPTER
34 David Howarth- The general conditions of unlawfulness
35 Geraint Howells- Product Liability- a history of harmonisation
36 Michael Faure- Economical analysis of Tort Law and the European Civil Code
37 Gerrit Betlem- Environmental Liability and the Private Enforcement of Community Law
38 Mauro Bussani / Vernon Palmer- The Frontier between Contractual and Tortious Liability in Europe: Insights from the Case of Compensation for Pure Economic Loss
F Property
CHAPTER
39 Ulrich Drobnig- Transfer of property
40 Ulrich Drobnig- Security rights in movables
41 Roy Goode- The Cape Town Convention on International Interests in Mobile Equipment
42 Wehrens / Van Velten- Real security regarding immovable objects- reflections on a euro mortgage
G Trust
CHAPTER
43 Grimaldi / Barrière-Trust and Fiducie
H Company law
CHAPTER
44 Peter Hommelhoff- Corporate and business law in the European Union: Status and perspectives 2004
Editors: Arthur Hartkamp ? Martijn Hesselink ? Ewoud Hondius ? Carla Joustra ? Edgar du Perron ? Muriel Veldman

Edition details

• Publisher: Kluwer Law International
• Publication date: 1998
• Language: English
• ISBN 10: 9041110313
• ISBN 13: 9789041110312
• Binding: Hardcover
• Edition number: 2
• Number of pages: 650
• Editor: Hartkamp A.S., Hesselink Martijn W., Hondius Ewoud H., Joustra Carla, Du Perron Edgar