Remedies of Seller: A Comparative Analysis of Ethiopian Civil Code Governing Sale of Goods in Light with CISG, UNIDROIT Principles and Principles of European Contract Law

2016 ◽  
Author(s):  
Abiyot Mogos Dabela
Keyword(s):  
Comparative Analysis ◽  
Contract Law ◽  
Civil Code ◽  
European Contract ◽  
European Contract Law

scholarly journals Towards a Theory of Imprévision in the EU?

2018 ◽  
Vol 14 (4) ◽  
pp. 344-373
Author(s):  
Mitja Kovac ◽  
Cristina Poncibò
Keyword(s):  
Comparative Analysis ◽  
Conceptual Framework ◽  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
The Many ◽  
The Eu ◽  
European Contract Law ◽  
Code Civil

Abstract The problem of excuse for non-performance of contracts caused by changed circumstances is, despite its long history in contract law scholarship, far from being resolved. This paper is based on the dialogue between two colleagues from different academic backgrounds and comparatively investigates German, French, Italian and English approaches and current developments in the field. First, the paper questions whether the doctrine of changed circumstances (or imprévision) remains a mere exception, or whether it is possible to argue that, by considering the latest developments, it may represent a model in European contract law. This issue has recently attracted the attention of the French legislature in its modernization of the Code Civil. Second, by examining the many different national doctrines, the paper aims to reconstruct and clarify, through comparative analysis performed, the conceptual framework of such a theory by discussing, in particular, issues of contract interpretation, presupposition, causation, good faith, fairness and solidarity.

European Contract Law

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Comparative Analysis ◽  
Common Law ◽  
Contract Law ◽  
Third Party ◽  
European Contract ◽  
English Edition ◽  
Academic Literature ◽  
Work Done ◽  
European Contract Law ◽  
Code Civil

This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond.

scholarly journals Contratti a lungo termine e rimedi correttivi

2012 ◽  
Author(s):  
Francesca Lucchesi
Keyword(s):  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
European Contract ◽  
The Past ◽  
Economic Operation ◽  
The Face ◽  
The Relationship ◽  
European Contract Law

In long-term contracts the topic of contingencies and corrective remedies is particularly important. The BGB (§ 313) and texts that derive from supranational bodies, such as The Principles of European Contract Law, the UNIDROIT Principles and the Draft Common Frame of Reference set out remedies in order to adapt the contract in the event of contingencies and other preconditions. Similar forms of protection are not provided for by the Italian Civil Code, whose remedies in the face of events stemming from a contingency often do not manage to meet the interest to preserve the relationship. The development of the sources highlights in particular the remedy of compensation and specific enforcement of the obligation to conclude a contract set out in art. 2932 of the Italian Civil Code, with important new features with respect to the past. After the direction taken by case law which accepts compensation for damage in the presence of a concluded and valid contract, the compensation remedy assumes the function of correcting the contract and not just upholding the economic operation. In short, what emerges from the compensation and specific protection are facts and operating techniques that justify and enable correction of a contract.

La nueva perspectiva de la tutela del error en el moderno derecho de los contratos

2014 ◽  
pp. 863
Author(s):  
Rocío Herrera Blanco
Keyword(s):  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
European Contract ◽  
Legal Effect ◽  
The Common ◽  
The Impact ◽  
European Contract Law

Premio de artículos jurídicos «GARCÍA GOYENA» (Curso 2013-2014). Primer accésit Todos los ordenamientos jurídicos europeos prevén normas relativas a la ineficacia de los contratos por vicios del consentimiento, sin embargo, existen entre ellos diferencias bastante significativas, especialmente cuando se comparan el Common Law y los derechos continentales. El presente estudio comparado parte del tratamiento de esta cuestión en la regulación española y se centra en las propuestas que el moderno Derecho de la contratación proporciona en materia de vicios del consentimiento, con particular atención a la figura del error, así como en el Derecho anglosajón, por su eventual influencia en la regulación de estos instrumentos. De manera muy amplia, podríamos decir que el Common Law enfatiza la seguridad de las transacciones, mientras que los sistemas del Civil Law, quizás todavía marcados por las huellas de las llamadas teorías voluntaristas, son más transigentes en permitir la ineficacia de los contratos por defectos del consentimiento. Partiendo de esta premisa, intentaremos evidenciar que las soluciones brindadas por el Derecho anglosajón y los diferentes instrumentos de unificación para la determinación de los efectos jurídicos del error son muy similares. Asimismo, en este trabajo se defiende la tesis de la obsolescencia del Código Civil español en esta materia, y la consecuente necesidad de adaptación del mismo a la actual realidad social, a través de un propósito de homogeneización del Derecho contractual europeo. Para ello, igualmente estudiaremos la Propuesta de modernización del Código civil en materia de obligaciones y contratos, cuya regulación del error, en particular, merece ser objeto de estudio y confrontación de ideas.The legal systems of all european countries provide rules regarding the inefficacy of contracts due to defects of consent, however, there are very significant differences between them, with the deepest differences when Common law and continental systems are contrasted. The present comparative study focuses on the proposals that the modern contract law (PECL, Unidroit Principles, DCFR, CESL) provides with regard to defects of consent and, particularly, to the doctrine of mistake, as well as the Common law for its eventual influence on the regulation of these projects. Very generally, we could say that Common Law emphasizes the security of transactions, while Civil law systems, perhaps still under the impact of the eroded voluntarist theories, are more generous in allowing the inefficacy of contracts due to defects consent. Given these premises, we will try to evidence that the solutions provided by the Common law and the different unifying instruments in order to determinate the legal effect of the defects of consent are very similar. Furthermore, this survey defends the thesis of obsolescence of the spanish Civil Code respecting defects of consent, and the ensuing need for adapting it to the current social reality through a purpose of homogenization of european contract law. Due to this fact, we will also study the Proposal for the modernization of the Civil Code on obligations and contracts, whose regulation of defects of consent, particularly, diserves to be analyzed.

scholarly journals Limitation of Claims in Polish and Ukrainian Civil Code Against the Background of the Principles of European Contract Law and the German Civil Code

2019 ◽  
Vol 24 (38) ◽  
pp. 63-94
Author(s):  
Sibilla Buletsa ◽  
Piotr Zakrzewski
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Civil Code ◽  
European Contract ◽  
General Section ◽  
European Contract Law

Abstract The article deals with limitation of claims in Poland, Ukraine and Germany. The authors made a conclusion that the most liberal solution in the area of contractual regulation of limitation is provided in the German Civil Code, which allows shortening and prolonging the statutory limitation period, whereas the most severe is provided for in the Polish Civil Code, prohibiting it altogether. An indirect solution has been adopted by the Ukrainian Civil Code, which allows only the extension of the statutory limitation period. These different legislative solutions demonstrate that the national legislators are partially different in their view of the reasons justifying the statute of limitations. Newer prescription regulations, to which the German and Ukrainian ones belong, are largely similar to each other. The same can be said about the Polish academic project of the general section of the civil code. The Principles of European Contract Law have had a significant impact on teaching of civil law, as well as on national legislators.

scholarly journals THE NEW FRENCH LAW OF CONTRACT

2017 ◽  
Vol 66 (4) ◽  
pp. 805-831 ◽  
Author(s):  
Solène Rowan
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
French Law ◽  
European Contract ◽  
Recent Reform ◽  
English Law ◽  
The Law ◽  
International Instruments ◽  
European Contract Law

AbstractThe article analyses the recent reform of contract law in France. The section of the Civil Code on the law of contract was amended and restructured in its entirety last year. The revised section came into force on 1 October 2016. The article considers its main innovations and compares them with the corresponding principles of English law and some contract law international instruments, mainly the UNIDROIT Principles and the Principles of European Contract Law. The article also assesses whether the new provisions achieve their stated aim of rendering French contract law more accessible, predictable, influential abroad and commercially attractive.

scholarly journals Responsibility for dishonest negotiations: Comparative analysis

2012 ◽  
Vol 64 (1) ◽  
pp. 82-102
Author(s):  
Samir Manic
Keyword(s):  
Comparative Analysis ◽  
Conceptual Framework ◽  
Contract Law ◽  
Great Role ◽  
European Contract ◽  
The Balkans ◽  
Eu Countries ◽  
Secondary Sources ◽  
European Contract Law ◽  
Court Practice

The author analyzes the regulation of institutes of responsibility for dishonest conducting of negotiations in normative acts of certain EU countries and the Balkans. He analyzes the rules of behavior of parties during negotiations established through the court practice and theory in Switzerland, Germany, France and Hungary. In the paper the regulations of the most significant secondary sources of Contract Law have also been included and they are as follows: the Principles of European Contract Law (PECL) and Common Conceptual Framework (DCFR). Because of the great role in the regulation of pre-contract relationships, the author has devoted considerable attention to the principle of scruple and honesty.

scholarly journals Próba uchwycenia kierunków zmian w zakresie klauzuli rebus sic stantibus w Polsce

2017 ◽  
Vol 20 ◽  
pp. 97-116
Author(s):  
Łukasz Chyla
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
European Contract ◽  
Contractual Agreements ◽  
Substantial Change ◽  
European Contract Law

Capturing the direction of changes in the scope of the rebus sic stantibus clause under Polish lawThe aim of this article is to present the issue of the influence of the substantial change of circumstances on the parties’ obligation to the contractual agreements. In Poland, this so-called “rebus sic stantibus clause” governed by the article 3571 of the Polish Civil Code which is believed to be not flexible enough to follow the needs of the dynamics of the global economic turnover and also importantly, the certainty of trade. Therefore it has become a source of many controversies and issues in interpretation, which has led to various de lege ferenda postulates. The article’s aim is to thoroughly analyze the essence of the particular amendments, including those based on the Principles of European Contract Law art. 6:111 as well as proposals articulated by the doctrine. In summary, the article makes an attempt to capture the direction of changes in the design of the Polish institution of rebus sic stantibus clause.

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