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Precontractual liability in European private law
Authors: ---
ISBN: 9780521516013 9780521183949 9780511575679 0521516013 9780511508264 0511508263 051157567X 1107190703 9781107190702 0511504500 9780511504501 0511508921 9780511508929 0511506643 9780511506642 0521183944 Year: 2008 Publisher: Cambridge Cambridge University Press

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Abstract

This volume analyses thirteen cases, from the perspective of sixteen national European legal systems, in order to explore the legal nature of the precontractual phase and the liability which may follow a break-off of precontractual negotiations. The precontractual phase is difficult to characterise and analyse in either legal or practical terms. The negotiating parties have begun their journey together, but they are not yet in the relationship - the contract - which is their aim. The negotiations may fail after a lengthy period in which either party may have incurred significant expenses and invested time and effort. The break-off of the negotiations may come as a shock to one party where the negotiations were far advanced, or at least where there was nothing to suggest that they were not likely to lead to their fruition in the contract. The disappointed party is therefore likely to seek a remedy.


Book
Towards a European civil code
Authors: --- ---
ISBN: 9789041133571 9789069167152 9041133577 Year: 2011 Publisher: Alphen aan den Rijn Kluwer Law International

Commercial agency, franchise and distribution contracts (PEL CAFDC)
Authors: --- ---
ISBN: 280272214X 9782802722144 3935808437 3727218037 9783727218033 9783935808439 9786612274848 1282274848 3866537077 9783866537071 Year: 2006 Volume: 2 Publisher: Brussels Bruylant

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The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.

Towards a European civil code
Authors: --- --- --- --- --- et al.
ISBN: 9069164949 Year: 2004 Publisher: Nijmegen Ars Aequi Libri

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