Suchergebnisse

Frontmatter -- Table of Contents -- Text of Articles -- Principles of European Law on Sales -- Chapter 1: Scope of Application & General Provisions -- Chapter 2: Obligations of the seller -- Chapter 3: Obligations of the buyer -- Chapter 4: Remedies -- Chapter 5: Passing of risk -- Chapter 6: Consumer goods guarantees -- Annexes

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

The article analyzes the impact of American law and legal theory on the law and legal doctrine of other jurisdictions, examining the reasons for such influence and stating that the way to oppose that tendency is through the coordinated action of regional organizations such as the European Union and neutralizing the English language as the world's lingua franca. ; El presente trabajo analiza la influencia que el derecho y la doctrina jurídica de los Estados Unidos ejerce actualmente sobre la academia y legislación de otros países o sistemas jurídicos, exponiendo las razones de tal predominio y proponiendo como principales medidas para contrarrestar dicha tendencia, la acción coordinada a través de organizaciones regionales como la Unión Europea y la neutralización del idioma inglés como lengua franca universal.

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

This paper is about the development of a European contract law. In the past decades, EC directives have led to the intro duction of some unified, or at least harmonised, contract law at a European level. A directive on unfair contract terms, which goes to the heart of contract law, has been transposed in most Member States. A directive on distance selling is now in the course of being implemented. And a draft directive on consumer goods and associated warranties is at present in the course of being adopted by the European Council of Ministers. These are but three of the best known objects of EU initiatives in the area of contract law. In the related area of tort, a directive on product liability has now been implemented in all Member States, as well as in some other states. A list of relevant directives is reproduced in the second edition of the book 'Towards a European Civil Code'

This paper first provides a succinct overview of Dutch Private Law. It then compares the scope of application of the directive and Dutch sales law. Basically, the Dutch law on conformity is in conformity with the directive. There are some discrepancies which need not be remedied. Other divergences, however, will have to be addressed by the legislature. An interesting feature of Dutch sales law is that it demonstrates that the transition of a 'vice caché' based model to the CISG-oriented non-conformity model may be a smooth process. Dutch law on remedies is not completely in conformity with the directive and will therefore have to be remedied. Dutch law does not have any provision on guarantees and in this regard will have to be amended. On the whole, the impact of the directive on the legislative process will be minor. Its major effect will be witnessed in the globalisation of legal discourse.