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This Chapter argues that the current harmonisation of European contract law will eventually fail. Supporters of the harmonisation suggest that the divergence in national contract laws not only generates unnecessary costs for cross-border trade, but also undermines fair competition in the...
Persistent link: https://www.econbiz.de/10014164408
This paper was submitted as a contribution to the public consultation on the European Commission’s Green paper on policy options for progress towards a European contract law for businesses and consumers (COM(2010)348 final, July 2010). In the Green paper, the Commission presented seven options...
Persistent link: https://www.econbiz.de/10014185840
This report provides an introduction to the Polish law of tenancy and a brief analysis of the changes this field of law has experienced in recent years. The last decade has witnessed comprehensive law reform in Poland, particularly in the ambit of civil law and civil procedure, primarily to...
Persistent link: https://www.econbiz.de/10014057453
In this paper, the author discusses one of the options for the future development of European contract law as sketched in the European Commission's Communication on European Contract Law of 2001. It is defended that a uniform contract law for Europe will necessarily be multi-layered and...
Persistent link: https://www.econbiz.de/10014062618
One of the most prominent clauses in Government contracts in India is the risk purchase or the risk and cost clause. This authorises the promisee to get the promise fulfilled either by itself or through a third person in case of the promisor’s default and allows the promisee to be compensated...
Persistent link: https://www.econbiz.de/10014110372
The contribution aims to address the issues implied by the following questions: (a) What is the contract law to be codified? (b) What is the possible impact of a European contract law codification upon the other private law fields? (c) Which are the driving forces behind and ahead of the...
Persistent link: https://www.econbiz.de/10013308835
It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator...
Persistent link: https://www.econbiz.de/10014189912
Energy markets in the United States and the European Union are in the midst of a transition from a monopolistic structure to a competitive one. This paper argues that the outcomes of the reform process should be understood in the context of existing regulatory institutions. Successes and...
Persistent link: https://www.econbiz.de/10014210263
This article explores the very thought of Principles of European Contract Law as an autonomous lex mercatoria and at the same time an attempt is made to explore Principles of European Contract Law as universal lex mercatoria. In the process of exploring the both possibilities the author looks...
Persistent link: https://www.econbiz.de/10013143119
Case law discussions in sport management scholarship and pedagogy frequently focus exclusively on one primary topic area. Thus, a case serves as a textbook example of a specific legal theory and management practice points. Occasionally, a multi-faceted case allows for an elaborate, comprehensive...
Persistent link: https://www.econbiz.de/10013113131