European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

The Common European Sales Law in Context: Interactions with English and German Law

Dannemann, Gerhard

Vogenauer, Stefan

Foreign & International Law

Oxford University Press

This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team.
The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK's Consumer Rights Act 2015 and new cases.
The principal subjects covered in this book include:
An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

Cases, Materials and Text on Contract Law (Ius Commune Casebooks for the Common Law of Europe)

Beale, Hugh

Fauvarque-Cosson, Bénédicte

Rutgers, Jacobien

Business

Hart Publishing

This is the second edition of the widely acclaimed and successful casebook on contract law developed to be used throughout Europe and aimed at those who teach, learn, or practice law with a comparative or European perspective. The book contains leading cases, legislation, and other materials from the legal traditions within Europe, with a focus on English, French, and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases, as well as extracts from the various international restatements: Vienna Sales Convention, UNIDROIT, Principles of European Contract Law, etc. Materials are chosen and ordered so as to foster comparative study, and are complemented with annotations and comparative overviews prepared by a multinational team. The principal subjects covered include: formation, validity, interpretation and contents, supervening events, remedies, third parties, the tort/contract divide, causation, remedies, fault and unlawfulness, liability for others, liability not based on fault, and defenses.

Contract Law: Ius Commune Casebooks for the Common Law of Europe

Tallon, Denis

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