Ewoud Hondius - Böcker

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference.They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier (Germany) and Staempfli Publishers Ltd. (Switzerland).

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.

The way the law responds to death or personal injury resulting from medical treatment has changed over time. Expectations of success in medical interventions have risen. Hospitals have become more complex and use more advanced technology. This has had an impact on the liability of medical practitioners, both in generating new problems and in raising standards of expected care. While the focus is civil liability, typically either through contract or tort, this volume of essays also examines compensation systems outside private law. This topic has grown in significance since 1945. The problems encountered by the law are similar across the different jurisdictions, even if the health service arrangements are different. The legal changes are also set against changes in the institutional background, such as the role of the state, the availability of insurance and the professionalisation of medical practitioners.

Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law.

Disgorgement of profits is not exactly a household word in private law. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law.

Contents:

Conflict of Laws Regarding Liability Allocation between Insurers in Cases of Double Insurance by Michael Bogdan

The Rise and Rise of Standard Form Contracts: International Commodity Sales 1800-1970 by Ross Cranston

Is the Lex Mercatoria Autonomous? by Roy Goode

Letters of commitment and loan agreements by Lars Gorton

Law of business in transition in Hungary by Attila Harmathy

Commercial Law: is it Special? by Ewoud Hondius

A Roadmap to Economic Development through Law: Third Parties and Comparative Legal Culture by Boris Kozolchyk

Last Shot vs. Knock Out – Still Battle over the Battle of Forms Under the CISG by Ulrich Magnus

Directive 2000/35 of 29 June 2000 on combating late payment in commercial transactions: the period for payment (art. 3.1 b) by Pilar Perales Viscasillas

Electronic Communications and Incoterms 2000 by Jan Ramberg

Calculation of damages in case of anticipatory breach under the CISG by Peter Schlechtriem

Ethical Values and International Sales Contracts by Ingeborg Schwenzer & Benjamin Leisinger

The Globalization of Law and its Limitations, with Particular Reference to the Globalization of Commercial Law by Jacob Ziegel