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This is the second edition of the widely acclaimed and successful casebook on contract law developed to be used throughout Europe and aimed at those who teach, learn, or practice law with a comparative or European perspective. The book contains leading cases, legislation, and other materials from the legal traditions within Europe, with a focus on English, French, and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases, as well as extracts from the various international restatements: Vienna Sales Convention, UNIDROIT, Principles of European Contract Law, etc. Materials are chosen and ordered so as to foster comparative study, and are complemented with annotations and comparative overviews prepared by a multinational team. The principal subjects covered include: formation, validity, interpretation and contents, supervening events, remedies, third parties, the tort/contract divide, causation, remedies, fault and unlawfulness, liability for others, liability not based on fault, and defenses.
- Sales Rank: #1418104 in Books
- Brand: Brand: Hart Publishing
- Published on: 2010-11-02
- Original language: English
- Number of items: 1
- Dimensions: 9.50" h x 2.00" w x 6.80" l, 3.75 pounds
- Binding: Paperback
- 1442 pages
- Used Book in Good Condition
Review
The text should be admired for the boldness of its undertaking and its use of a wealth of international and comparative law materials...It is perfect for an upper level course in Comparative Contract Law or European Contract Law both in Europe and in other countries. The text is a marvellous resource or treatise for new academics and all levels of academics outside the EU. The book blends historical information as well as recognising current trends. Although the book is mostly filled with excerpts of the many sources, the authors provide sufficient commentary to help the reader place the materials in their legal contexts and to use the materials for illustrative purposes. The authors provide sufficient introductions and concluding remarks on the topics discussed, as well as copious notes. The text not only taps into primary sources but also mines the depths of legal scholarship. This text is a must read for anyone interested in the development of contract law in the Western legal tradition. Larry A. Dimatteo European Review of Private Law Volume 5, 2011 ...un outil incontournable pour mieux comprendre une matière à la fois très ancienne mais immanquablement évolutive. Dionysios Kélésidis Contrats Publics July-August 2005 'The first edition of this text was already a great piece of work but this updated and expanded version is outstanding and a great resource for any university library. It is clearly set out with an impressive depth and level of detail. I would also give credit to the thorough tables of legislation, cases and index (something that is often poorly done in other academic texts, but is always worth taking the time to do well). European contract law has evolved considerably since the first edition and the authors have dealt with this very clearly.' Dr. Rachael Lorna Johnstone, University of Akureyri, Iceland As a research tool for anyone working in contract law, it is indispensible and should be held by every current or aspiring professor of contract law as well as every law library in Europe. Rachael L. Johnstone Nordicum-Mediterraneum (Icelandic E-Journal of Nordic and Mediterranean Studies) 2011
About the Author
Jacobien W. Rutgers, practising lawyer in Amsterdam.
Stefan Vogenauer has been Professor of Comparative Law and Fellow at Brasenose College at the University of Oxford since 2003 and Director of the Oxford Institute of European and Comparative Law since 2004. He was born in 1968, read law in Kiel, Paris and Oxford and is qualified to practice in
Germany. Before taking up his post at Oxford he worked as a Research Assistant at the Regensburg Law Faculty, as a part-time Lecturer at the Bucerius Law School in Hamburg and as a Research Fellow at the Hamburg Max Planck Institute for Foreign Private Law and Private International Law. Apart from
comparative law his research interests lie in the fields of private law, European legal history and legal method.
Jan Kleinheisterkamp was born in 1971 in Peru and grew up in South Africa, Colombia, Spain, Germany, the USA and Brazil. He read law in Germany (Freiburg, Hannover) until 1998, and then worked as a research assistant for the Department on Latin American Law of the Max-Planck-Institute of Foreign
Private Law and Private International Law in Hamburg until 2002. From 2001 to 2003, he served as a clerk at the Superior Regional Court of Hamburg, delegated, inter alia, to the European Commission in Brussels. From 2003 to 2004, he worked as a research fellow at the Hamburg Max Planck Institute.
His doctoral thesis on international commercial arbitration in Latin America was awarded the distinction "summa cum laude." In 2004, Jan Kleinheisterkamp was named Assistant Professor at the HEC School of Management, Paris.
Most helpful customer reviews
0 of 1 people found the following review helpful.
European Contract Law
By Li Li Chong
This book gathers an excellent array of analysis by leading European academics, those very people behind the vision of moving towards the idea of European Contract Law. At the moment, in this realm of law, the fragmentation and differences pose challenges for students who have to grapple with the different ways that legal families confront contract law. As the world becomes more globalised and parallel to that, businsses become more integrated than ever- it has become indispensable to keep up with the differences of how contract law is dealt with in different jurisdictions in the European Union.
The different manner in which judges in i.e. London and Berlin approaches disputes in their courts are analysed in this book- giving a very good overview on how to face the differences and prepare businesses in dealing with such challenges, as it attempts to provide clarity on what to expect in the different jurisdictions.
Since the publication of this book, the Common European Sales Law (CESL) have been proposed by the EU as an optional instrument. If the proposal comes through, chances are that it will be in force in 2013. The CESL is supposed to encourage more convergence in the European internal market, and attempts to provide consumer protection rights to increase confidence aimed at stimulating cross- border EU businesses especially online businesses. As this is a very novel idea, there are no case- laws or precedents yet that can shed light on how the provisions will be interpreted in the different national courts. Hence, it is important to have a thorough understanding of the interpretation routes taken in the different states that is essentially covered and offered in this book.
It is worth mentioning that the authors are the same experts behind the Draft Common Framework Reference (DCFR) which is a very detailed European contract law that has the status of soft- law at the moment. As this practise is a collaborative work of leading experts from the EU, it presents a very good European notion of contract law. However, in terms of scale of influence, it is more inspired by the German law than any other laws. Although the CESL does not make any explicit reference to the DCFR, it is nevertheless a very useful and in my view will be persuasive in reading the CESL- as there are some similarities between the CESL and the DCFR the only difference in that e DCFR is far more detailed and comprehensive than the CESL.
As the authors themselves played very key role in the DCFR, this book is highly recommendable for European contract law students, since their analysis sheds light on European contract law in general- going through the different jurisdictions. It is a mandatory instrumental tool for any European contract law students.
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