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This is the first comprehensive work to capture the rise of moral damages (non-pecuniary loss) in European contract law through a historical and comparative analysis. Unique features of this study include the first classification scheme of the systems into liberal, moderate and conservative regimes, a taxonomy of non-pecuniary loss drawn from a European-wide jurisprudence, and a comprehensive bibliography of the subject. Written by a leading academic on comparative law, Palmer's precise and practical insights on Europe's leading cases will be of great interest to academic researchers and practitioners alike.

Moral damages (Civil law) --- Breach of contract --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Non-pecuniary damages (Civil law) --- Damages --- Law and legislation

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Unique in its breadth, this book undertakes a comparative analysis of the ways in which legal systems in all regions of the world deal with agreed sums payable upon breach of an obligation. The book shows divergences and convergences and indicates trends as to the future development of the law. It also deals with the treatment of agreed sums under the 1980 UN Convention on Contracts for the International Sale of Goods (CISG), offering the first comprehensive solution to this issue based on comparative analysis. For practitioners as well as researchers, this book is a valuable source of informa

Breach of contract. --- Liquidated damages. --- Damages --- Penalties, Contractual --- Breach of contract --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Law and legislation

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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.

Contracts --- Performance (Law) --- Contracts. --- Agreements --- Contract law --- Contractual limitations --- Limitations, Contractual --- Commercial law --- Legal instruments --- Obligations (Law) --- Juristic acts --- Liberty of contract --- Third parties (Law) --- Mora (Civil law) --- Debtor and creditor --- Discharge of contracts --- Extinguishment of debts --- Law and legislation

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Much of international law, like much of contract, is enforced not by independent sanctions but rather through cooperative interaction among the parties, with repeat dealings, reputation, and a preference for reciprocity doing most of the enforcement work. Originally published in 2006, The Limits of Leviathan identifies areas in international law where formal enforcement provides the most promising means of promoting cooperation and where it does not. In particular, it looks at the International Criminal Court, the rules for world trade, efforts to enlist domestic courts to enforce orders of the International Court of Justice, domestic judicial enforcement of the Geneva Convention, the domain of international commercial agreements, and the question of odious debt incurred by sovereigns. This book explains how international law, like contract, depends largely on the willingness of responsible parties to make commitments.

Executions (Law) --- International and municipal law. --- Treaties. --- Breach of contract. --- Breach of contract --- Non-performance (Law) --- Contracts --- Discharge of contracts --- Agreements, International --- Conventions (Treaties) --- International agreements --- Treaties --- International law --- International obligations --- Law --- Municipal and international law --- Civil procedure --- Debtor and creditor --- Judgments --- Writs --- Law and legislation --- Influence --- International law influences --- General and Others

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The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book analyses the alterations to this remedy during the nineteenth century on the substantive, procedural and enforcement levels. Fascinatingly, there is a link between changes to the remedy and the development of early human rights and the mass industrialisation of society. The latter had the effect of actually converging the national remedies of specific performance in the examined systems: damages and rescission became more accessible as remedies at the cost of specific performance. The book demonstrates the interdependency between law and society and provides vital background information to the harmonisation of a controversial concept in the European Law of Obligations.    Studies in the History of Private Law , volume 2

Specific performance --- Performance, Specific --- Contracts --- Equitable remedies --- Performance (Law) --- History --- 347.4 <43> --- 347.4 <44> --- 347.4 <492> --- 347.4 <492> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Nederland --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Nederland --- 347.4 <44> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Frankrijk --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Frankrijk --- 347.4 <43> Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Duitsland voor 1945 en na 1989 --- Verbintenissen. Overeenkomsten. Verbintenissenrecht. Obligaties. Contracten--Duitsland voor 1945 en na 1989