The Transformation of European Private Law: Harmonisation, Consolidation, Codification or Chaos?
By: James Devenney (editor), Mel Kenny (editor)Hardback
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This book emanates from a duo-colloquium which explored the Europeanisation of private law in the context of efforts to consolidate the consumer acquis, the Draft Common Frame of Reference, the appointment of an Expert Group on a Common Frame of Reference in the area of European contract law, the passage of the Consumer Rights Directive and the proposed Common European Sales Law. This book, with fully updated contributions, critically reflects on whether the process of Europeanisation, which has shaped private law in the EU Member States, has now reached a significant turning point in its development, a point of punctuated equilibrium. Written by a team of leading authors, the topics covered will be of concern in all European legal systems and beyond.
James Devenney is Professor of Commercial Law at the School of Law, University of Exeter. Mel Kenny is Professor of Commercial Law at Leicester De Montfort Law School.
1. The DCFR in relation to English contract law Stephen Waddams; 2. The draft Common Frame of Reference and European contract law: moving from the 'academic' to the 'political' Paula Giliker; 3. The Europeanisation of contract law and the role of comparative law: the case of the Directive on Consumer Rights Cristina Amato; 4. The private law dimension to the 'State of the Union': (D)CFR/CESL Initiatives and the Europeanisation of private law Mel Kenny and James Devenney; 5. European contract law: how to exclude land? Peter Sparkes; 6. Harmonization and its discontents: a transaction costs critique of a European contract law David Campbell and Roger Halson; 7. Theory and practice of constructing a common contract law terminology Chiara Perfumi; 8. Private law discourse and scholarship in the wake of the Europeanisation of private law Olha Cherednychenko; 9. Contract codification and the English: some observations from the Indian Contract Act 1872 Warren Swain; 10. Consequences of implementing EU legislation - an Estonian experience Irene Jull and Sander Karson; 11. The impact of Europe on Irish contract law Cliona Kelly; 12. The Europeanisation of the insurance contract law: the insurer's duty to advise and its regulation in German and European law Piotr Tereszkiewicz; 13. European contract law making and development: lessons from Directive 93/13's Price Term Exemption Michael Schillig; 14. Enforcement or compensation? Damages actions in EU law after the Draft Common Frame of Reference Dorota Leczykiewicz; 15. Consumer complaints and alternative dispute resolution: harmonization of the European ADR system Immaculada Barral-Vinals; 16. Conclusion Mel Kenny and James Devenney.
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