Common Core, PECL and DCFR: could they change shipping and transport law?

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed.
Editor(s):
Wouter Verheyen, Frank G.M. Smeele, Marian A.I.H. Hoeks
Series:
Ius Commune Europaeum
Volume:
136
book | published | 1st edition
July 2015 | xiv + 208 pp.

Paperback
€60.-


ISBN 9781780683324


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Details

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. Even though both shipping and transport law and the harmonisation instruments aim at further harmonisation of private law, the potential interplay between them has never been examined thoroughly in doctrine.

In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed. First of all the book investigates whether harmonisation instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current harmonisation instruments or a future European private law could change (inter)national shipping and transport law.

This cross-fertilisation between shipping law and harmonisation instruments makes this book not only a valuable instrument for shipping lawyers, but also for anyone interested in harmonisation of private law.

Chapters

Table of Contents (p. 0)

Common Core, PECL and DCFR: Could They be Used to Interpret Shipping Law? (p. 1)

Principles and Rules of European Contract Law between the PECL and the DCFR (p. 15)

Can PECL Help with Vexing Issues of Maritime Law? Critical Reflections from the Example of the Rotterdam Rules (p. 27)

Good Faith, the DCFR and Shipping Law (p. 41)

Unexpected Circumstances in Shipping Contracts (p. 67)

Liability of the Maritime Carrier and the Shipper for Other Persons: Uniform Maritime Transport Rules vs. European Contract Law (p. 91)

Could the DCFR be an Answer to the Lack of Harmonization in the Field of Forwarding Law? – Legal Qualification (p. 105)

Harmonisation Instruments: the Way Forward for Forwarding Law? (p. 111)

Could the DCFR Change Shipping Law? The Potential Impact of the DCFR on Third Party Rights under Shipping Documents – A UK Perspective (p. 129)

The Effects of Principles of European Law on Non-Contractual Liability of Classification Societies (p. 153)

Towards a Euro-Maritime Contract Law? (p. 167)

Principles of European Insurance Contract Law and Marine Insurance (p. 179)

The Perspectives of English and European Contract Law to Agreed Damages Clauses in Voyage Charterparties (p. 195)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series