THIRD PARTY RIGHTS A COMPARISON OF ENGLISH AND GERMAN LAW WITH RESPECT TO THE UNIDROIT PRINCIPLES ON INTERNATIONAL COMMERCIAL CONTRACTS

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Third Party Rights A Comparison Of English And German Law With Respect To The Unidroit Principles On International Commercial Contracts

Author : Karsten Keilhack
ISBN : 9783638261265
Genre : Law
File Size : 87.23 MB
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Seminar paper from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 75% (=With Distinction), Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The question as to whether a third party can be granted rights or protection based on a contract between two other parties to which the third party is a mere stranger is as old as the legal scholarship of contract law itself. Over centuries, quite different approaches to the issue have been evolved and embedded in different legal systems, each with its own characteristics and features. This essay intents primarily to analyse and compare the approaches of English1 and German Law to third party rights arising from bilateral contracts, particularly with regard to contracts for the benefit of a third party and the new Contracts (Rights of Third Parties) Act 1999. However, despite this main focus, some other features related to third party involvement in mutual contracts will be considered too. In the first and the second part of this essay I will describe the modus operandi of English and German law with regard to third party rights and highlight differences and similarities. The third part of this paper concerns the approach of that what is sometimes called an international restatement of contract law, namely the UNIDROIT Principles of International Commercial Contracts,2 to the rights of third parties. A comparison of the English and German system with the restatement will illustrate to what extent elements of these two national legal systems have been implemented and considered in an international project of unification of law.
Category: Law

The Common European Sales Law In Context

Author : Gerhard Dannemann
ISBN : 9780199678907
Genre : Law
File Size : 58.27 MB
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The recently proposed Common European Sales Law is intended to overcome differences between national contract laws. 19 chapters, co-authored by British and German scholars, investigate for the first time how the projected CESL would interact with various aspects of English and German law.
Category: Law

An International Restatement Of Contract Law The Unidroit Principles Of International Commercial Contracts

Author : Michael Joachim Bonell
ISBN : 9789004194694
Genre : Law
File Size : 84.62 MB
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The Unidroit Principles of International Contracts, first published in 1994, have met with extraordinary success in the legal and business community worldwide. Prepared by a group of eminent experts from all major legal systems of the world, they provide a comprehensive set of rules for international commercial contracts. This new edition of An International Restatement of Contract Law is the first comprehensive introduction to the Unidroit Principles 2004. In addition, it provides an extensive survey and analysis of the actual use of the Unidroit Principles in practice with special emphasis on the different ways in which they have been interpreted and applied by the courts and arbitral tribunals in the hundred or so cases reported worldwide. The book also contains the full text of the Preamble and the 180 articles of the Unidroit Principles 2004 in Chinese, English, French, German, Italian and Russian as well as the 1994 edition in Spanish.
Category: Law

Contract

Author : H G Beale
ISBN : 0199287368
Genre : Law
File Size : 59.50 MB
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This casebook comprises a wide selection of cases and materials that illustrate the law and place it within its legal and commercial context. The authors highlight difficulties in the law, encouraging students to take their understanding to a deeper level.
Category: Law

Commentary On The Unidroit Principles Of International Commercial Contracts Picc

Author : Stefan Vogenauer
ISBN : STANFORD:36105134432546
Genre : Law
File Size : 89.73 MB
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This book is an article by article commentary of the UNIDROIT Principles on international commercial contracts, the most important set of rules which parties to an international contract can choose to govern their agreement. The UNIDROIT Principles have been elaborated by an international team of distinguished practitioners and academics on the basis of the rules of contracts law that are common or at least acceptable to all national legal orders. This Commentaryallows easy and structured access to the Principles by offering a digest of, and extensive refrences to, the existing case law and literature, as well as comparison with existing national and international legislation and its application in practice. This book is a useful tool for practitioners andscholars needing quick and reliable information for the legal assessment of cases or for research on the law of international contracts
Category: Law

Chinese Contract Law

Author : Larry A. DiMatteo
ISBN : 9781316821183
Genre : Law
File Size : 68.65 MB
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This book is the product of a unique collaboration between Mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.
Category: Law

Review Of The Convention On Contracts For The International Sale Of Goods Cisg

Author : Pace International Law Revies
ISBN : 9041193529
Genre : United Nations Convention on Contracts for the International Sale of Goods
File Size : 52.18 MB
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This yearbook is an annual compendium of articles and materials covering all aspects of one of the most significant developments in the harmonization of worldwide trade law. Articles by leading scholars as well as experienced practitioners examine the implications for international commerce produced by the United Nations Convention on Contracts For The International Sale of Goods (CISG). Research on and awareness of this landmark Convention, adopted by all major trading nations, Is essential for all legal scholars, students, and practitioners.
Category: United Nations Convention on Contracts for the International Sale of Goods

New York Contract Law

Author : Glen Banks
ISBN : LCCN:2016288550
Genre : Contracts
File Size : 55.43 MB
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Category: Contracts

Cases Materials And Text On Contract Law

Author : Bénédicte Fauvarque-Cosson
ISBN : 1509912576
Genre : LAW
File Size : 54.16 MB
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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, 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.
Category: LAW

The Hardship Approach In The Unidroit Principles Of International Commercial Contracts And Its Equivalent In German Law Of Obligations A Comparison

Author : Karsten Keilhack
ISBN : 9783638261296
Genre : Law
File Size : 49.51 MB
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Essay from the year 2003 in the subject Law - Comparative Legal Systems, Comparative Law, grade: 67%, Cardiff University (Großbritannien; Law School), course: Comparative Contract Law, language: English, abstract: The UNIDROIT Principles of International Commercial Contracts1 have been published in May 1994 by the Rome-based International Institute for the Unification of Private Law (UNIDROIT), an intergovernmental organisation established in 1926. The Working Group on the UNIDROIT Principles was found in 1980 and consisted of independent legal scholars of all major legal systems of the world. The UNIDROIT Principles are not binding law. Most legal writers agree that they can be characterised as a restatement of the law of international commercial contracts2 and despite the controversial issue about the very existence, scope and content of a lex mercatoria - the possibility of applying supranational law to international legal relationships- most authors agree that it exists and that the UNIDROIT Principles are a significant part of it3. The object of this paper is to examine the UNIDROIT Principles’ approach to hardship laid down in Chapter 6, Section 2 and to compare it with its equivalent provision in the German Civil Code (Bürgerliches Gesetzbuch, hereinafter BGB), § 3134. For this purpose it is firstly necessary to define the term “hardship”. Thereafter I will consider the respective provisions in detail and highlight differences and similarities.
Category: Law