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9789041119612

Principles of European Contract Law

by
  • ISBN13:

    9789041119612

  • ISBN10:

    9041119612

  • Format: Hardcover
  • Copyright: 2003-03-01
  • Publisher: Kluwer Law Intl
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Supplemental Materials

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Summary

This is the third and last part of the Principles of European Contract Law prepared by the Commission of European Contract Law under the chairmanship of Professor Ole Lando. Parts I and II were published in 2000 and have attracted great interest and acclaim and a growing volume of secondary literature. The present volume follows the same pattern, a set of proposed Articles drawn up by the Commission, followed by comments and national notes containing a wealth of comparative law. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest. No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint For The contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested. The book will be particularly useful to those engaged in arbitrations with and international element, To those concerned with comparative law, and to those interested in the development of legal policy on contract law at national, European or international level.

Table of Contents

Preface to Part III xx
Members of the Commission on European Contract Law for Part III xx
Introduction to Part III xv
Survey of Chapters in Part III xxi
List of Abbreviations
xxxiii
Text of Articles 10:101 to 17:101 in English and French 1(58)
Plurality of Parties
Plurality of debtors
59(18)
Solidary, Separate and Communal Obligations
59(4)
When Solidary Obligations Arise
63(2)
Liability under Separate Obligations
65(1)
Communal Obligations: Special rule when money claimed for non-performance
66(1)
Apportionment between Solidary Debtors
67(2)
Recourse between Solidary Debtors
69(2)
Performance, Set-off and Merger in Solidary Obligations
71(1)
Release or Settlement in Solidary Obligations
72(1)
Effect of Judgment in Solidary Obligations
73(1)
Prescription in Solidary Obligations
74(1)
Opposability of other Defences in Solidary Obligations
75(2)
Plurality of creditors
77(8)
Solidary, Separate and Communal Claims
77(3)
Apportionment of Separate Claims
80(1)
Difficulties of Executing a Communal Claim
80(1)
Apportionment of Solidary Claims
81(1)
Regime of Solidary Claims
82(3)
Assignment of Claims
General Principles
85(13)
Scope of Chapter
85(5)
Contractual Claims Generally Assignable
90(3)
Partial Assignment
93(2)
Form of Assignment
95(3)
Effects of Assignment as between Assignor and Assignee
98(9)
Rights Transferred to Assignee
98(2)
When Assignment Takes Effect
100(1)
Preservation of Assignee's Rights against Assignor
101(1)
Undertakings by Assignor
102(5)
Effects of Assignment as between Assignee and Debtor
107(14)
Contractual Prohibition of Assignment
107(2)
Other Ineffective Assignments
109(2)
Effect on Debtor's Obligation
111(3)
Protection of Debtor
114(1)
Competing Demands
114(1)
Place of Performance
115(2)
Defences and Rights of Set-off
117(3)
Unauthorised Modification not Binding on Assignee
120(1)
Order of Priority between Assignee and Competing Claimants
121(4)
Priorities
121(4)
Substitution of New Debtor: Transfer of Contract
Substitution of New Debtor
125(9)
Substitution: General rules
125(4)
Effects of Substitution on Defences and Securities
129(5)
Transfer of Contract
134(20)
Transfer of Contract
Set-Off
Requirements for Set-off
134(5)
Unascertained Claims
139(5)
Foreign Currency Set-Off
144(2)
Notice of Set-Off
146(2)
Plurality of Claims and Obligations
148(2)
Effect of Set-Off
150(1)
Exclusion of Right of Set-Off
151(3)
Prescription
General Provision
154(8)
Claims subject to Prescription
157(5)
Periods of Prescription and their Commencement
162(12)
General Period
162(4)
Period for a Claim Established by Legal Proceedings
166(2)
Commencement
168(6)
Extension of Period
174(24)
Suspension in Case of Ignorance
174(5)
Suspension in Case of Judicial and Other Proceedings
179(5)
Suspension in Case of Impediment beyond Creditor's Control
184(2)
Postponement of Expiry in Case of Negotiations
186(2)
Postponement of Expiry in Case of Incapacity
188(4)
Postponement of Expiry: Deceased's Estate
192(1)
Maximum Length of Period
193(5)
Renewal of Period
198(4)
Renewal by Acknowledgement
198(2)
Renewal by Attempted Execution
200(2)
Effects of Prescription
202(5)
General Effect
202(3)
Effect on Ancillary Claims
205(1)
Effect on Set-Off
205(2)
Modification by Agreement
207(38)
Agreements Concerning Prescription
207(4)
Illegality
Contracts Contrary to Fundamental Principles
211(2)
Contracts Infringing Mandatory Rules
213(8)
Partial Ineffectiveness
221(1)
Restitution
222(3)
Damages
225(4)
Conditions
Types of Condition
229(4)
Interference with Conditions
233(3)
Effect of Conditions
236(3)
Capitalisation of Interest
When Interest to be Added to Capital
239(6)
BIBLIOGRAPHY OF WORKS REFERRED TO IN PART III
General
245(6)
National:
251(5)
Austria
251(1)
Common Law (England, Ireland, United States)
251(1)
Denmark
252(1)
Finland
252(1)
France, Belgium and Luxembourg
252(1)
Germany
253(1)
Greece
254(1)
Italy
254(1)
The Netherlands
255(1)
Portugal
255(1)
Scotland
255(1)
Spain
255(1)
Sweden
256(1)
Comparative and general works
256(1)
Table of Cases Referred to in Part III 257(4)
Table of Code Provisions and Legislation Referred to in Part III 261(20)
Table of Contents of Parts I and III 281(6)
Index to Part III 287

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