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Alternative Ways to Ius Commune

The Europeanisation of Private Law

Book | 1st edition 2012 | World | Anne L.M. Keirse, Marco Loos, Marco B.M. Loos
Description

In 2011, two major instruments of European contract law were published: the 2011 Consumer Rights Directive (CRD) was enacted and the proposal for a Common European Sales Law (CESL) was launched. Both instruments aim at improving the internal market. Whereas the CRD aims at B2C contracts, the CESL may be applied, as an optional instrument, both to B2C and B2B contracts. In this book, both instruments are discussed. Decock and Chirita approach the CRD from an historical and a competition law perspective; Van Schagen argues that the way the CESL is drafted endangers its chances of being applied in practice. De Bruijn, Dang Vu, Kruisinga, Jansen and Keirse address several matters regarding the remedies for non-conformity under the CESL. The book opens, however, with three more general papers. Loos and Keirse first address the development of European private law, from the 1975 Consumer Policy Programme to the CRD and the CESL. Wouters addresses the relationship between private law, global governance and the European Union, and Boele-Woelki draws attention to the harmonisation of European matrimonial property law.

This book thus represents the most important developments in the area of European private law. As such, it will provide important insights for the practitioner and academic interested in the course of these developments.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780680897
Series name Ius Commune Europaeum
Weight 477 g
Status Available
Number of pages xii + 256 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jul 19, 2012
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • The optional instrument and the Consumer Rights Directive: alternative ways to a new ius commune in contract law – introduction
    Marco Loos, Anne L.M. Keirse
  • Private law, global governance and the European Union
    Jan Wouters
  • Cross-border family relations in Europe: towards a common European matrimonial property law based upon cooperation between private international law and substantive law
    Katharina Boele-Woelki
  • A historical perspective on the protection of weaker parties: non-state regulators, colonial trade, and the market for junk bonds (16th–17th centuries)
    Wim Decock
  • The impact of Directive 2011/83/EU on consumer rights
    Anca D. Chirita
  • The proposal for a Common European Sales Law: How its drafting process might affect the optional instrument’s added value for contract parties and its success
    Esther van Schagen
  • Historical perspectives on the remedies
    Niels De Bruijn
  • Remedies in the European harmonisation projects: enforced performance, termination and damages
    Tâm Dang Vu
  • The seller’s right to cure in the CISG and the Common European Sales Law
    Sonja Kruisinga
  • Price reduction as a remedy in European contract law and the consumer acquis
    Sanne Jansen
  • Suspension as a temporary defence in European contract law
    Sanne Jansen
  • Rethinking the treatment of the mitigation of loss under the Common European Sales Law
    Anne L.M. Keirse