Contract Law: Ius Commune Casebooks for the Common Law of Europe: 5

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This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution) ; Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties.Please click on the link below to visit the series website:www.casebooks.eu/contractLaw.
Contract Law: Ius Commune Casebooks for the Common Law of Europe: 5 Review
This book gathers an excellent array of analysis by leading European academics, those very people behind the vision of moving towards the idea of European Contract Law. At the moment, in this realm of law, the fragmentation and differences pose challenges for students who have to grapple with the different ways that legal families confront contract law. As the world becomes more globalised and parallel to that, businsses become more integrated than ever- it has become indispensable to keep up with the differences of how contract law is dealt with in different jurisdictions in the European Union.
The different manner in which judges in i.e. London and Berlin approaches disputes in their courts are analysed in this book- giving a very good overview on how to face the differences and prepare businesses in dealing with such challenges, as it attempts to provide clarity on what to expect in the different jurisdictions.
Since the publication of this book, the Common European Sales Law (CESL) have been proposed by the EU as an optional instrument. If the proposal comes through, chances are that it will be in force in 2013. The CESL is supposed to encourage more convergence in the European internal market, and attempts to provide consumer protection rights to increase confidence aimed at stimulating cross- border EU businesses especially online businesses. As this is a very novel idea, there are no case- laws or precedents yet that can shed light on how the provisions will be interpreted in the different national courts. Hence, it is important to have a thorough understanding of the interpretation routes taken in the different states that is essentially covered and offered in this book.
It is worth mentioning that the authors are the same experts behind the Draft Common Framework Reference (DCFR) which is a very detailed European contract law that has the status of soft- law at the moment. As this practise is a collaborative work of leading experts from the EU, it presents a very good European notion of contract law. However, in terms of scale of influence, it is more inspired by the German law than any other laws. Although the CESL does not make any explicit reference to the DCFR, it is nevertheless a very useful and in my view will be persuasive in reading the CESL- as there are some similarities between the CESL and the DCFR the only difference in that e DCFR is far more detailed and comprehensive than the CESL.
As the authors themselves played very key role in the DCFR, this book is highly recommendable for European contract law students, since their analysis sheds light on European contract law in general- going through the different jurisdictions. It is a mandatory instrumental tool for any European contract law students.
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