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Electronic Consumer Contracts in the Conflict of Laws
The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers’ access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts. Volume 1 in the series Studies in Private International Law
eBook
Party autonomy in contractual choice of law in China
\"The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than 30 years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts\"-- Provided by publisher.
Book
Electronic Commerce and International Private Law
Examining the maximization of consumer protection via the consumer's jurisdiction and law, this volume discusses how to improve the efficiency of juridical protection for consumers who contract with foreign sellers by electronic means and offers recommendations which provide a basis for the consumer to sue in his own jurisdiction and for the law of the consumer's domicile to apply.
eBook
International construction contract law
Large international construction projects often have a range of major contractors, subcontractors and consultants based in different parts of the world and working to different legal theories and understandings. This can lead to confusion in the understanding, interpretation and execution of the construction contract, which can result in significant disruption to the construction project. International Construction Contract Law is written for anyone who needs to understand the legal and managerial aspects of large international construction projects, including consulting engineers, lawyers, clients, developers, contractors and construction managers worldwide. In 18 chapters it provides a thorough overview of civil law /common law interrelationships, delivery methods, standard forms of contract, risk allocation, variations, claims and dispute resolution, all in the context of international construction projects. Highly practical in approach – it introduces legal analysis only when absolutely essential to understanding, the book also contains a range of useful appendices, including a 10-language basic dictionary of terms used in FIDIC forms.
eBook
EU Law and Private International Law
European Union Law and Private International Law both attempt to resolve a conflict of laws. There is however a certain tension between the two disciplines. The present book proposes suggestions to enhance their mutual understanding.
eBook
A Factual Assessment of the Draft Common Frame of Reference
HauptbeschreibungThis book contains a case-based assessment of the Draft Common Frame of Reference carried out by the Common Core Evaluating Group, which gathers a number of well-established and younger scholars coming from Eastern and Western countries of the European Union using the working method of the research project \"The Common Core of European Private Law\" (www.common-core.org). The aim of the assessment is to test how the Draft Common Frame of Reference could work when applied in different national legal systems. To this end, a number of factual situations, i.e. hypothetical cases, have been drafted by the authors and solved through the application of both national rules and rules of the DCFR. Thereby, similarities and differences in the outcome of the cases have been analysed, together with difficulties - if any - in the application of the \"Principles of European Law\". The Common Core assessment has been carried out as part of the \"Joint Network of European Private Law\" Project (CoPECL), financed by the EU Commission.
eBook
Common Frame of Reference and Existing EC Contract Law
The Draft Common Frame of Reference (DCFR) is just published. Now the creation of the final Common Frame of Reference (CFR) is one of the most important issues in the field of European Private Law. The volume discusses the key question as to what extent the CFR can and should reflect existing EC Contract Law, and to what extent the DCFR has already incorporated the acquis communautaire. The contributions to this volume try to provide answers to this question by analyzing different controversial areas such as the conclusion and content of the contract (pre-contractual duties, non-discrimination or withdrawal), non-performance, remedies, damages and the relation to International Private Law. The essays are the result of an symposium held in December 2007 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The internationally respected authors contributing are: Gianmaria Ajani, Giuditta Cordero Moss, Helmut Heiss, Georg Kathrein, Konstantinos Kerameus, Paul Lagarde, Stefan Leible, Judit Lévayné Fazekas, Ulrich Magnus, Thomas Pfeiffer, Hans Schulte-Nölke, Reiner Schulze, Evelyne Terryn, Christian Twigg-Flesner, Sjef van Erp and Fryderyk Zoll.
eBook