The Common Frame Of Reference
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| Author | : Gerhard Wagner |
| Publisher | : sellier. european law publ. |
| Total Pages | : 289 |
| Release | : 2009 |
| Genre | : Business & Economics |
| ISBN | : 3866531109 |
Recoge: Contract remedies from the incentive perspective. -- Remedies for breach of contract in the DCFR. -- Beyond expectation?- An assesment of the DCFR rule on contratual damages. -- The right to specific performance under the DCFR. -- Long-term contracts and the DCFR. Interpretation and adjustment. --Consumer law in the DCFR. -- Non-discrimination in the DCFR. -- The law of torts in the DCFR.
| Author | : Reiner Schulze |
| Publisher | : Walter de Gruyter |
| Total Pages | : 369 |
| Release | : 2009-04-27 |
| Genre | : Law |
| ISBN | : 3866538006 |
The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law.
| Author | : Study Group on a European Civil Code |
| Publisher | : sellier. european law publ. |
| Total Pages | : 406 |
| Release | : 2008 |
| Genre | : Civil law |
| ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
| Author | : Hans W. Micklitz |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 279 |
| Release | : 2010-01-01 |
| Genre | : Law |
| ISBN | : 1849805393 |
The book is a must read for anybody interested in the future development of European private law. European Private Law News This volume contains a valuable collection of essays by a group of reputable academics, each dealing with a particular aspect of the development of a substantive law of contract at European level. The contributors have a variety of interests and perspectives. The topic is clearly of great current interest throughout the European Union and beyond. Peter Stone, University of Essex, UK European Private Law after the Common Frame of Reference brings together several interesting contributions from a distinguished group of scholars, and sheds light on the important issue of legal harmonization from an interdisciplinary and comparative perspective. Francesco Parisi, University of Minnesota, US and University of Bologna, Italy The Common Frame of Reference has several potential functions, some reconcilable, others mutually exclusive. Its size, its shape, its true legal nature and its content all remain contested. Modest or ambitious, toolbox or code-in-waiting? Its chameleon character is its strength and simultaneously its weakness, and equally the reason why it has attracted such attention. In this book the editors have assembled a veritable who s who in the field and it is a terrific read. Stephen Weatherill, University of Oxford, UK This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century. The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts. This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US EU comparison of different legal orders.
| Author | : Luisa Anatoniolli |
| Publisher | : Walter de Gruyter |
| Total Pages | : 495 |
| Release | : 2010-12-23 |
| Genre | : Law |
| ISBN | : 3866538693 |
This book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project "The Common Core of European Private Law" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the "Principles of European Law". The Common Core assessment has been carried out as part of the "Joint Network of European Private Law" Project (CoPECL), financed by the EU Commission.
| Author | : Alessandro Somma |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 250 |
| Release | : 2009-06-22 |
| Genre | : Law |
| ISBN | : 904114482X |
This collection of essays reflects both the diversity of the group’s work and the common thread that runs through it. The core claim here is that the DCFR, despite the Commission’s characterization of its proposals as purely technical, cannot escape politics. The intent is to critically identify and evaluate the model of social justice underlying the DCFR.
| Author | : Marta Santos Silva |
| Publisher | : Springer |
| Total Pages | : 295 |
| Release | : 2017-07-03 |
| Genre | : Law |
| ISBN | : 3319529234 |
This book investigates whether national courts could and should import innovative solutions from abroad in the adjudication of complex legal disputes. Special attention is paid to the concept of “legally relevant damage” and its importance in overcoming the deadlock created by the category of “pure economic loss” in the Portuguese and German tort law systems. These systems are essentially based on the concept of unlawfulness (“Rechtswidrigkeit”), which limits the compensation for pure economic loss to where a protective rule is infringed. These losses have nevertheless been compensated for through the extensive interpretation of rules and the appeal to near-contractual devices, which has been detrimental to legal certainty, the equality before the law, and subjects’ freedom of action. This book explains why courts can and should take a proactive role and apply DCFR-based solutions in order to compensate for every loss that is worthy of legal protection.
| Author | : Bénédicte Fauvarque-Cosson |
| Publisher | : Walter de Gruyter |
| Total Pages | : 649 |
| Release | : 2009-04-27 |
| Genre | : Law |
| ISBN | : 3866537255 |
The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
| Author | : Gert Brüggemeier |
| Publisher | : Cambridge University Press |
| Total Pages | : 301 |
| Release | : 2011-05-19 |
| Genre | : Law |
| ISBN | : 1139497626 |
Non-contractual liability, stemming from damage accountably caused to another, has been the subject of the PETL and DCFR VI European reform initiatives. Gert Brüggemeier, however, proposes alternative reforms which, instead of trying to overcome the differences between civil law (delict) and common law (torts), are restricted to civil liability. The focus is on the grounds of accountability, and stricter forms of liability are at the fore. Quasi-strict enterprise liability is introduced to fill the lacuna between personal fault and forms of strict liability. A commentary is included on recent legislation on civil liability in China, Brazil and Russia to demonstrate how these large countries try to come to grips with the challenges of 'risk society'.
| Author | : Yvette Jackson |
| Publisher | : Teachers College Press |
| Total Pages | : 209 |
| Release | : 2011-04-14 |
| Genre | : Education |
| ISBN | : 0807752231 |
In her new book, prominent professional developer Yvette Jackson focuses on students' strengths, rather than their weaknesses, To reinvigorate educators to inspire learning and high intellectual performance. Through the lens of educational psychology and historical reforms, Jackson responds To The faltering motivation and confidence of educators in terms of its effects on closing the achievement gap. The author seeks to "rekindle the belief in the vast capacity of underachieving urban students," and offers strategies to help educators inspire intellectual performance. Jackson proposes that a paradigm shift towards a focus on strengths will reinvigorate educators' passion for teaching and belief in their ability to raise the intellectual achievement of their students. Jackson addresses how educators can systematically support the development of motivation, reflective and cognitive skills, and high performance when standards and assessments are predisposed to non-conceptual methods. Furthermore, she examines challenges and offers strategies for dealing with cultural disconnects, The influence of new technologies, and language preferences of students.
