Jacobien Rutgers – författare
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2 produkter
2 produkter
Häftad, Engelska, 2019
949 kr
Skickas inom 5-8 vardagar
This is the third edition of the widely acclaimed and successful casebook on contract in the IusCommune 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 withnational lawThe distinctions between contract and property, tort and restitutionFormation and pre-contractual liabilityValidity, including duties of disclosureInterpretation and contents; performance and non-performanceRemediesSupervening eventsThird parties.
Häftad, Engelska, 1999
496 kr
Skickas inom 10-15 vardagar
The reservation of title clause plays an importan role in contemporary trade. Financially, the reservation of title clause is a cheap and simple form of credit granted by the seller without the involvement of a third party. Legally, the reservation of title clause is more complicated, as it constitutes a transfer of title under a condition precedent; the seller remains the owner of the asset sold until the full price is paid. The rules of substantive law relating to the reservation of title clause differ from country to country. Uniform or harmonized rules of substantive law -- or even of private international law -- are wanting. In this book, the author addresses the question as to the problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands, and in which mode a solution can be found. She seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far.The book is strong in the analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which the rules of private international law in this field must be in compliance with European law. The consequences of the various modes in which such compliance may be achieved are carefully analysed. This study is an important contribution to the understanding of European integration in a hitherto relatively neglected subject area. The lucid tone of the book makes it suitable for a wide range of potential readers: both academics and practitioners in private international law and European law. From the preface by L. Strikwerda