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Vol 22 No 7 July/August 2017

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Manual of Housing Law

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Common European Sales Law: A Commentary


ISBN13: 9781849463652
Published: August 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £250.00



Despatched in 3 to 5 days.

The emergence of European Contract Law as a field of enquiry has been matched by a burgeoning literature. This includes textbooks, casebooks, monographs and commentaries as well as at least one journal and huge number of journal articles.

As the field has matured, so has its elaboration and analysis by scholars, though it remains a field replete with contested viewpoints and many controversies.

This new work by one of Germany's most well-known and respected private law scholars, seeks to present a complete and coherent view of the subject from the perspective of the jurisdiction which has arguably had more responsibility than any other for influencing the shape and content of European contract law.

Subjects:
Contract Law, Commercial Law, EU Law
Contents:
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on a Common European Sales Law
ANNEX I
COMMON EUROPEAN SALES LAW
Part I
Introductory provisions
Chapter 1
General principles and application
Section 1
General principles
Section 2
Application
Part II
Making a binding contract
Chapter 2
Pre-contractual information
Section 1
Pre-contractual information to be given by a trader dealing with a consumer
Section 2
Pre-contractual information to be given by a trader dealing with another trader
Section 3
Contracts concluded by electronic means
Section 4
Duty to ensure that information supplied is correct
Section 5
Remedies for breach of information duties
Chapter 3
Conclusion of contract
Chapter 4
Right to withdraw in distance and off-premises contracts between traders and consumers
Chapter 5
Defects in consent
Part III
Assessing what is in the contract
Chapter 6
Interpretation
Chapter 7
Contents and effects
Chapter 8
Unfair contract terms
Section 1
General provisions
Section 2
Unfair contract terms in contracts between a trader and a consumer
Section 3
Unfair contract terms in contracts between traders
Part IV
Obligations and remedies of the parties to a sales contract or a contract for the supply of digital content
Chapter 9
General provisions
Chapter 10
The seller's obligations
Section 1
General provisions
Section 2
Delivery
Section 3
Conformity of the goods and digital content
Chapter 11
The buyer's remedies
Section 1
General provisions
Section 2
Cure by the seller
Section 3
Requiring performance
Section 4
Withholding performance of buyer's obligations
Section 5
Termination
Section 6
Price reduction
Section 7
Requirements of examination and notification in a contract between traders
Chapter 12
The buyer's obligations
Section 1
General provisions
Section 2
Payment of the price
Section 3
Taking delivery
Chapter 13
The seller's remedies
Section 1
General provisions
Section 2
Requiring performance
Section 3
Withholding performance of seller's obligations
Section 4
Termination
Chapter 14
Passing of risk
Section 1
General provisions
Section 2
Passing of risk in consumer sales contracts
Section 3
Passing of risk in contracts between traders
Part V
Obligations and remedies of the parties to a related service contract
Chapter 15
Obligations and remedies of the parties
Section 1
Application of certain general rules on sales contracts
Section 2
Obligations of the service provider
Section 3
Obligations of the customer
Section 4
Remedies
Part VI
Damages and interest
Chapter 16
Damages and interest
Section 1
Damages
Section 2
Interest on late payments: general provisions
Section 3
Late payments by traders
Part VII
Restitution
Chapter 17
Restitution
Part VIII
Prescription
Chapter 18
Prescription
Section 1
General provisions
Section 2
Periods of prescription and their commencement
Section 3
Extension of periods of prescription
Section 4
Renewal of periods of prescription
Section 5
Effects of prescription
Section 6
Modification by agreement
ANNEX II
STANDARD INFORMATION NOTICE
EXPLANATORY MEMORANDUM