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Contract Law in Austria by Willibald Posch

Contract Law in Austria

By Willibald Posch


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Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Austria covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more.Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.

An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Austria will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Resources Table of Contents
Publish Date 03/18/2015
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041160034
SKU 10057509-0001
Table of Contents

The Author.

List of Abbreviations.

General Introduction.

Part I. General Principles of the Law of Contract.

Chapter 1. Formation.

Chapter 2. Conditions of Substantive Validity.

Chapter 3. The Contents of a Contract.

Chapter 4. Privity of Contract.

Chapter 5. The End of the Contract.

Chapter 6. Remedies.

Part II. Specific Contracts.

Introductory Remarks.

Chapter 1. Donation.

Chapter 2. Bailment.

Chapter 3. Contract of Lending.

Chapter 4. Loan Contract.

Chapter 5. Agency.

Chapter 6. Barter.

Chapter 7. Sale.

Chapter 8. Tenancy, Lease and Leasing.

Chapter 9. Service Contract.

Chapter 10. Work Contract.

Chapter 11. Civil Partnership.

Chapter 12. Gambling and Wagering Contracts.

Chapter 13. Consumer Transactions.

Chapter 14. Commercial Transactions.

Selected Bibliography.