
Principles of European Contract Law - Part III
Description
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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.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- Preface
- Members of the Commission on European Contract Law for Part III of the Principles
- Introduction to Part III
- Survey of Chapters 10-17
- List of Abbreviations in Part III
- TEXT OF ARTICLES IN PART III IN ENGLISH AND FRENCH
- CHAPTER 10 Plurality of Parties
- Section 1: Plurality of Debtors
- Article 10:101: Solidary, Separate and Communal Obligations
- Article 10:102: When Solidary Obligations Arise
- Article 10:103: Liability under Separate Obligations
- Article 10:104: Communal Obligations: Special Rule when Money Claimed for Non-performance
- Article 10:105: Apportionment Between Solidary Debtors
- Article 10:106: Recourse Between Solidary Debtors
- Article 10:107: Performance, Set-off and Merger in Solidary Obligations
- Article 10:108: Release or Settlement in Solidary Obligations
- Article 10:109: Effect of Judgment in Solidary Obligations
- Article 10:110: Prescription in Solidary Obligations
- Article 10:111: Opposability of Other Defences in Solidary Obligations
- Section 2: Plurality of Creditors
- Article 10:201: Solidary, Separate and Communal Claims
- Article 10:202: Apportionment of Separate Claims
- Article 10:203: Difficulties of Executing a Communal Claim
- Article 10:204: Apportionment of Solidary Claims
- Article 10:205: Regime of Solidary Claims
- CHAPTER 11 Assignment of Claims
- Section 1: General Principles
- Article 11:101: Scope of Chapter
- Article 11:102: Contractual Claims Generally Assignable
- Article 11:103: Partial Assignment
- Article 11:104: Form of Assignment
- Section 2: Effects of Assignment As Between Assignor and Assignee
- Article 11:201: Rights Transferred to Assignee
- Article 11:202: When Assignment Takes Effect
- Article 11:203: Preservation of Assignee's Rights Against Assignor
- Article 11:204: Undertakings by Assignor
- Section 3: Effects of Assignment As Between Assignee and Debtor
- Article 11:301: Contractual Prohibition of Assignment
- Article 11:302: Other Ineffective Assignments
- Article 11:303: Effect on Debtor's Obligation
- Article 11:304: Protection of Debtor
- Article 11:305: Competing Demands
- Article 11:306: Place of Performance
- Article 11:307: Defences and Rights of Set-Off
- Article 11:308: Unauthorised Modification not Binding on Assignee
- Section 4: Order of Priority between Assignee and Competing Claimants
- Article 11:401: Priorities
- CHAPTER 12 Substitution of New Debtor: Transfer of Contract
- Section 1: Substitution of New Debtor
- Article 12:101: Substitution: General Rules
- Article 12:102: Effects of Substitution on Defences and Securities
- Section 2: Transfer of Contract
- ARTICLE 12:201: TRANSFER OF CONTRACT
- CHAPTER 13 Set-Off
- Article 13:101: Requirements for Set-off
- Article 13:102: Unascertained Claims
- Article 13:103: Foreign Currency Set-Off
- Article 13:104: Set-Off by Notice
- Article 13:105: Plurality of Claims and Obligations
- Article 13:106: Effect of Set-Off
- Article 13:107: Exclusion of Right of Set-Off
- CHAPTER 14 Prescription
- Section 1: General Provision
- Article 14:101: Claims subject to Prescription
- Section 2: Periods of Prescription and their Commencement
- Article 14:201: General Period
- Article 14:202: Period for a Claim Established by Legal Proceedings
- Article 14:203: Commencement
- Section 3: Extension of Period
- Article 14:301: Suspension in Case of Ignorance
- Article 14:302: Suspension in Case of Judicial and Other Proceedings
- Article 14:303: Suspension in Case of Impediment beyond Creditor's Control
- Article 14:304: Postponement of Expiry in Case of Negotiations
- Article 14:305: Postponement of Expiry in Case of Incapacity
- Article 14:306: Postponement of Expiry: Deceased's Estate
- Article 14:307: Maximum Length of Period
- Section 4: Renewal of Period
- Article 14:401: Renewal by Acknowledgement
- Article 14:402: Renewal by Attempted Execution
- Section 5: Effects of Prescription
- Article 14:501: General Effect
- Article 14:502: Effect on Ancillary Claims
- Article 14:503: Effect on Set-Off
- Section 6: Modification by Agreement
- Article 14:601: Agreements Concerning Prescription
- CHAPTER 15 Illegality
- Article 15:101: Contracts Contrary to Fundamental Principles
- Article 15:102: Contracts Infringing Mandatory Rules
- Article 15:103: Partial Ineffectiveness
- Article 15:104: Restitution
- Article 15:105: Damages
- CHAPTER 16 Conditions
- Article 16:101: Types of Condition
- Article 16:102: Interference with Conditions
- Article 16:103: Effect of Conditions
- CHAPTER 17 Capitalisation of Interest
- Article 17:101: When Interest to be Added to Capital
- Bibliography for Part III
- GENERAL LIST
- National Bibliographies
- AUSTRIA
- COMMON LAW (ENGLAND, IRELAND, UNITED STATES)
- DENMARK
- FINLAND
- FRANCE, BELGIUM, LUXEMBOURG
- GERMANY
- GREECE
- ITALY
- THE NETHERLANDS
- PORTUGAL
- SCOTLAND
- SPAIN
- SWEDEN
- COMPARATIVE AND GENERAL WORKS
- Table of cases referred to in Part III
- Table of Code Provisions and Legislation referred to in Part III
- Table of Contents of Parts I and II
- Index to Part III
- Back Cover
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