European Contract Law

Showing all 7 results

Battle of Forms: Harmonisation in the European Context?

M. Jansen, A. Poissonnet, S. Rook, Y. Zhang

This article focuses on the practical problem of the battle of forms. Standard form contractual terms are part of everyday business life. In the majority of circumstances, a business expects the consumer simply to accept its standard form. This form then becomes the binding contract. However, the situation is more complicated when both parties adopt the same stance, with each side attempting to gainsay the other by replying to a standard set of terms and conditions with a set of its own. Thisproblem has been subjected to varying legal analyses across the European jurisdictions with very different results. This article critically examines and contrasts the solutions favoured by representatives of three major legal traditions in French, Dutch and English law. Through this it hopes to shed light on the essential question of the possibilities of harmonisation in this area of contract law.

Verdieping | Studentartikel
juli 2007
AA20070566

Maandbladartikel

ECJ Cases on European Contract Law (Digitaal boek)

M.W. Hesselink, J.W. Rutgers

ECJ Cases on European Contract Law contains the main cases of the European Court of Justice in the area of contract law.

9789069165905 - 01-08-2006

Digitale uitgaven

Taking Behaviour Seriously: Regulating European Contract Law

G. Low

Gary Low successfully defended his PhD thesis European Contract Law between the Single Market and the Law Market: A Behavioural Perspective at Maastricht University on 2 December 2011. His promotor was J.M. Smits. In this article he discusses his conclusions.

Literatuur | Proefschriftbijdrage
december 2012
AA20120960

Maandbladartikel

The Legal Effect of Superventing Events

Article 2.117 EP - A European Principle compared with German, English and French Law

M. Sichert

In deze derde bijdrage bij de reeks over European Contract Law wordt het Duitse, Engelse en Franse recht inzake onvoorziene omstandigheden vergeleken met art. 2.117 van de Principles of European Contract Law (EP).

Verdieping | Studentartikel
juni 1994
AA19940413

Maandbladartikel

The Principles of European Contract Law and Dutch Law

A Commentary

D. Busch, E.H. Hondius, H.J. van Kooten, H.N. Schelhaas, W.M. Schrama

This publication is the first to provide a systematic overview of the Principles of European Contract Law in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessable.

9789069164229 - 01-06-2002

Boeken

The Principles of European Contract Law and Dutch Law (Digitaal boek)

A Commentary

D. Busch, E.H. Hondius, H.J. van Kooten, H.N. Schelhaas, W.M. Schrama

9789069164229 - 01-06-2002

Digitale uitgaven

Withdrawing from Pre-contractual Negotiations and the Duty of Good Faith Harmonising European Views

M. Jansen, A. Poissonnet, S. Rook, Y. Zhang

In recent times, the issue of harmonisation in the European legal context has provided much debate. In this article, we closely examine the possibilities of harmonisation in the area of European contract law, an area of law as important because of the fundamental nature of its legal principles to any legal system as for the vital role it plays in producing a seamless cross-border transactional market. This article deals with the issue of the duty of good faith in pre-contractual negotiations, taking as its starting point the key Dutch case of CBB/JPO. Are the efforts of parties in negotiating wasted, if no final contract is formed? If not, what are the implications and bases of a principle awarding remedies in such a situation? This article is the first of a series of two. Each of the articles in the series focuses on a different area of contract law. However, both deal with areas in which there is marked disagreement between the various European legal jurisdictions. Moreover, they will both have as their focus a two-fold question: first, what is the most ideal legal position to adopt; and secondly, what difficulties may be encountered both doctrinally and practically if that ideal position is to become the applicable standard in all European jurisdictions. Vegl: CBB/JPO Hoge Raad 12 augustus 2005

Verdieping | Studentartikel
juni 2007
AA20070487

Maandbladartikel

Showing all 7 results