Specific Performance in Contract Law: National and Other Perspectives (Ius Commune: European and Comparative Law Series, IUS) - Softcover

Smits, J.; Haas, D.; Hesen, G.

Softcover

ISBN 10: 9050957145 ISBN 13: 9789050957144

Publisher: Intersentia Publishers, 2008

Synopsis

This book deepens the understanding of the right to specific performance in contract law. It brings together 16 contributions on various aspects of this important action and on its place in the system of contractual remedies. The volume integrates insights from a more classical ('dogmatic') approach with comparative, historical, and economic analysis. It includes overviews of the national law of the Netherlands, Belgium, Germany, Scotland, and South Africa, and of the international regimes created by the United Nations Convention on Contracts for the International Sale of Goods (1980), Unidroit Principles, Principles of European Contract Law, and the European Directive 1999/44. In addition, various aspects of specific performance in these and other jurisdictions are considered. These aspects include inter alia judicial procedure, the duty to carry on negotiations, and the enforcement of side-letters.

About this title

About the Author

Jan Smits holds the Chair of European Private Law at Maastricht University and is the academic director of the Maastricht European Private Law Institute (MEPLI). After his study of law at the universities of Leiden and Poitiers (1986-1991), he defended his PhD at the University of Leiden (1995), developing a theory of how contractual liability can be best explained. In 1995 and 1996 he taught at the universities of Stellenbosch and Tilburg. He then was appointed at Maastricht University, first (1996-1999) as an associate professor and then (1999) to the newly created Chair of European Private Law (the first chair for this field worldwide). At Maastricht, Jan led the private law research group of the Ius Commune Research School. From 2008 to 2010, he was distinguished professor of European Private Law and Comparative Law at Tilburg University, a post he gave up in late 2010 to return to Maastricht and found the Maastricht European Private Law Institute. He held visiting positions at a number of foreign institutions, including Tulane Law School, Leuven University, the University of Liège, Louisiana State University, the Penn State Dickinson School of Law and the University of Helsinki. From 2010-2012, he held the HiiL Visiting Chair on the Internationalisation of Law and in 2013-2014 the TPR Visiting Chair at the University of Ghent. Jan Smits is an elected member of the Royal Netherlands Academy of Arts and Sciences (KNAW).

From the Back Cover

This book intends to deepen our understanding of the right to specific performance in contract law. It brings together sixteen contributions on various aspects of this important action and on its place in the system of contractual remedies.

Edition details

• Publisher: Intersentia Publishers
• Publication date: 2008
• Language: English
• ISBN 10: 9050957145
• ISBN 13: 9789050957144
• Binding: Paperback
• Edition number: 1
• Number of pages: 361