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The enforceability of promises in European contract law
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ISBN: 0521790212 0521108683 1107121167 0511016204 0511174039 051115349X 0511303467 0511494947 128043273X 0511046553 9780511016202 9780511046551 9780511174032 9780521790215 9780511494949 9780521108683 Year: 2001 Volume: 2 Publisher: Cambridge New York Cambridge University Press

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Abstract

Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'. In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made. This 2001 volume is concerned with the extent to which these characterizations are true, and how these and other differences affect the enforceability of promises. Beginning with a concise history of these distinctions, the volume then considers how twelve European legal systems would deal with fifteen concrete situations. Finally, a comparative section considers why legal systems enforce certain promises and not others, and what promises should be enforced. This is the second completed project of The Common Core of European Private Law launched at the University of Trento.


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Die Entwicklung des europäischen Vertragsrechts : von den Römischen Verträgen bis zur EU-Verfassung
Authors: ---
ISBN: 3727220236 3832908838 3214036882 Year: 2005 Publisher: Baden-Baden Nomos

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A factual assessment of the draft common frame of reference
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ISBN: 9783866531222 3866531222 1283014467 3866538693 Year: 2010 Publisher: München : Sellier,

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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.

Mistake, fraud and duties to inform in European contract law
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ISBN: 0521844231 Year: 2005 Publisher: Cambridge Cambridge University Press

The europeanisation of contract law : current controversies in law
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ISBN: 9781845680503 9780415465922 9780203927007 0415465923 1845680502 0203927001 Year: 2008 Publisher: New York : Routledge,

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