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9780199295999

Principles of European Law Volume 3: Personal Security Contracts

by
  • ISBN13:

    9780199295999

  • ISBN10:

    0199295999

  • Format: Hardcover
  • Copyright: 2007-11-11
  • Publisher: Oxford University Press

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Summary

The research conducted by the Study Group on a European Civil Code seeks to advance the process of Europeanisation of private law by drafting a set of common European principles which are especially relevant for the functioning of the common market. The aim is the creation of a European Civil Code, or a Common Frame of Reference, to furnish each of the national jurisdictions a framework of rules of private international law.

Table of Contents

Professor von Bar: FOREWORD
Professor Drobnig: Preface
Text of the Rules
English Danish Dutch French German Italian Spanish
Introduction Text, Comments and National Notes
Common Rules
Definitions
Scope
Freedom of Contract
Creditor's Acceptance
Interpretation
Co-debtorship for Purposes of Security
Several Security Providers
Rights After Performance by One or More of Several SecurityProviders
Recourse Against the Debtor After Performance by One or More ofSeveral Security Providers
Subsidiary Application of Rules on Solidary Debtors
Dependent Personal Securities (Suretyship Guarantees)
Presumption for Dependent Personal Security
Terms and Extent of the Security Provider's Obligations
Debtor's Defences Available to the Security Provider
Coverage of Security
Solidary Liability of Security Provider
Subsidiary Liability of Security Provider
Creditor's Obligations of Notification
Time Limit for Resort to Security
Limiting Security Without Time Limit for Secured Obligations
Creditor's Liability
Debtor's Relief for the Security Provider
Security Provider's Obligations Before Performance
Security Provider's Rights After Performance
Independent Personal Securities (Indemnities/Independent Guarantees)
Scope
Security Provider's Obligations before Performance
Independent Personal Security on First Demand
Manifestly Abusive or Fraudulent Demand
Security Provider's Right to Reclaim Performance
Securities With or Without Time Limits
Transfer of Security
Security Provider's Rights After PerformanceIV Special Rules for Personal Securities by Persons Requiring SpecialProtection
Scope of Application
Mandatory Provisions
Creditor's Precontractual Obligation of Information
Door-to-Door Security Transactions
Form
Nature of Security Provider's Liability
Creditor's Obligation of Annual Information
Limiting Security With Time Limit for Secured Obligations
Table of Contents provided by Publisher. All Rights Reserved.

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