In his impressive body of work, Ewoud Hondius has made clear that he favour, the development and harmonization of a European contract law. Hondius has analyzed and developed numerous important notions of contract Jaw, within the European contract law perspective: we only have to mention...

If a seller delivers a good non-conforming to contract, European and US warranty law allows consumers to choose between some money transfer and termination. Termination rights are, however, widely criticized, mainly for fear that the buyer may use non-conformity as a pretext for getting rid of a...

A clear trend is evolving as more and more banks and other financial institutions are being successfully sued before the civil courts of the Netherlands for breaches of their special duty of care (‘bijzondere zorgplicht'). Whereas it was initially mainly banks that had reason to worry about...

From a law-and-economics perspective, the European Commission's proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is...

The paper introduces the DCFR, which is essentially the draft of a future EU Code of Obligations and works a bit like the UCC in the USA, as a model commercial code. After a brief historic justification of the draft, there is a presentation of what the DCFR can and cannot do at the present time....

According to the Commission, the main political goal behind the Common European Sales Law (CESL) is advancing cross-border trade between EU member states, thereby helping to further establish and strengthen a common market within the EU. The CESL is chosen and even symbolized by an already...

In the legislation of countries in the system of ″common law″, the commission contract is brought under regulation differently, depending on the principle that has been adopted, regarding the extent to which it is permitted the establishment of certain legal effects in the relationships...

The principle of pacta sunt servanda is universally recognized. However, the binding nature of the contract is loosened to a certain extent in all legal systems if the circumstances of the contract change fundamentally. As a summary of a broad comparative analysis of European Contract law, the...

The principle of pacta sunt servanda is universally recognized. However, the binding nature of the contract is loosened to a certain extent in all legal systems if the circumstances of the contract change fundamentally. As an introduction to a broad comparative analysis of European Contract law,...