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

Book | 1st edition 2015 | World | Wouter Verheyen, Frank Smeele, Marian Hoeks
Description

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.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780683324
Series name Ius Commune Europaeum
Weight 380 g
Status Available
Number of pages xiv + 208 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jul 13, 2015
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
  • Common Core, PECL and DCFR: Could They be Used to Interpret Shipping Law?
    Cécile Legros
  • Principles and Rules of European Contract Law between the PECL and the DCFR
    Francesca Pellegrino
  • Can PECL Help with Vexing Issues of Maritime Law? Critical Reflections from the Example of the Rotterdam Rules
    Ioanna Magklasi
  • Good Faith, the DCFR and Shipping Law
    Andrew Tettenborn
  • Unexpected Circumstances in Shipping Contracts
    Elena Orrù
  • Liability of the Maritime Carrier and the Shipper for Other Persons: Uniform Maritime Transport Rules vs. European Contract Law
    Belén García Álvarez
  • Could the DCFR be an Answer to the Lack of Harmonization in the Field of Forwarding Law? – Legal Qualification
    Anastasiya Kozubovskaya Pellé
  • Harmonisation Instruments: the Way Forward for Forwarding Law?
    Wouter Verheyen
  • Could the DCFR Change Shipping Law? The Potential Impact of the DCFR on Third Party Rights under Shipping Documents – A UK Perspective
    Simone Lamont-Black
  • The Effects of Principles of European Law on Non-Contractual Liability of Classification Societies
    Cinzia Ingratoci Scorciapino
  • Towards a Euro-Maritime Contract Law?
    Pablo Constenla Acuna
  • Principles of European Insurance Contract Law and Marine Insurance
    José Manuel Martín Osante
  • The Perspectives of English and European Contract Law to Agreed Damages Clauses in Voyage Charterparties
    Rhidian Thomas