The Architecture of European Codes and Contract Law
The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential ‘architecture’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code.
The book is organised along three major avenues:
• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract;
• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and
• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount.
The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The book’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
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- Introduction and Overview. 1. The Architecture of European Codes and Contract Law Structures and Contents; S. Grundmann, M. Schauer. Part I: The Level of Abstraction: Starting from Contract, Obligation and Juristic Act? 2. Structural Elements of the French Civil Code; P. Rémy-Corlay. 3. Structural Elements in the Contract Law Parts of the German Civil Code; S. Grundmann. 4. Structural Elements of the Austrian Civil Code; M. Schauer. 5. The Dutch Code and its Precedents (1990-1992); B. Verschraegen. 6. Models in Central-Eastern European Codes; L. Vékás. 7. Das Konsumentenschutzgesetz Beginn der Europäisierung des Kroatischen Vertragsrechts; T. Josipovi. 8. Discussion and Panel Discussion: Lessons for an Optional European Codex? M. Hoffmann. Part II: Consumer Law Forerunner for or Part of a European Contract Law Code? 9. Civil Contract Law and Economic Reasoning An Unlikely Pair? A. N. Hatzis. 10. La place du Code de la consommation en droit contractuel français; J. Rochfeld. 11. Consumer Law Forerunner for or Part of a European Contract Law Code? The Case of Austrian Consumer Law; B. Lurger. 12. The Greek Consumer Law; E. Alexandridou. 13. Verbrauchervertragsrecht im tschechischen Recht; L. Tichy. 14. The Instrumentalist Conception of the Acquis Communautaire in Consumer Law and its Implications on a European Contract Law Code; C. U. Schmid. 15. The Role of the Acquis Communautaire in Consumer Law for a European Contract Law Code. A Comment; G. Howells. Part III: Formation of Contract and Pre-contractual Information. 16. Formation of Contract and Pre-contractual Information from an Italian Perspective (Final Remarks from the Perspective of European Contract Law); V. Roppo. 17. Formation of Contract and Pre-contractual Information from an English Perspective; P. Giliker. 18. Formation of Contract and Pre-Contractual Duties to Inform in a Comparative Perspective; P. Mankowski. 19. Pre-contractual Duties to Provide Information and Their Violation from the Perspective of Polish Private Law Selected Issues; F. Zoll. 20. Option and Pre-Contract; A. Giménez Costa, E. Bosch Capdevila. 21. Discussion Report: Formation of Contract and Pre-contractual information