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Principles Of European Contract Law
The ''Principles of European Contract Law'' (PECL) is a set of model rules drawn up by leading contract law academics in Europe. It attempts to elucidate basic rules of contract law and more generally the law of obligations which most legal systems of the member states of the European Union hold in common. The ''Principles of European Contract Law'' are based on the concept of a uniform European contract law system and were created by the self-styled Commission on European Contract Law set up by Ole Lando ("Lando Commission"). The PECL take into account the requirements of the European domestic trade. History In the broader sense the PECL proposals are a "set of general rules which are designed to provide maximum flexibility and thus accommodate future development in legal thinking in the field of contract law." The impetus for the work on the PECL were resolutions of the European Parliament of 1989 and 1994 which expressed the desire to establish a common European civil law. As ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harvey McGregor
Harvey McGregor CBE QC (25 February 1926 – 27 June 2015) was a British barrister and was Warden of New College, Oxford, from 1985 to 1996. Early life The son of William Guthrie Robertson McGregor and Agnes McGregor (née Reid), McGregor was educated at Inverurie Academy, Scarborough High School, and Queen's College, Oxford, where he held the Hastings Scholarship and graduated BA in 1951, BCL in 1952, MA in 1955, and DCL in 1983. Before going up to Oxford, McGregor served as a Flying Officer in the Royal Air Force for two years, from 1946 to 1948. Career McGregor was called to the bar from the Inner Temple in 1955 and became a Bencher in 1985. He was admitted to the Faculty of Advocates in 1995.McGREGOR, Harvey , in ''Who's Who 2008'', A & C Black, 2008, online edition by Oxford University Press, December 2007, accessed 26 A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations Convention On Contracts For The International Sale Of Goods
The United Nations Convention on Contracts for the International Sale of Goods (CISG), sometimes known as the Vienna Convention, is a multilateral treaty that establishes a uniform framework for international commerce.Not to be confused with other treaties signed in Vienna. As of 2022, it has been ratified by 95 countries, representing two-thirds of world trade. The CISG facilitates international trade by removing legal barriers among state parties (known as "Contracting States") and providing uniform rules that govern most aspects of a commercial transaction, such as contract formation, the means of delivery, parties' obligations, and remedies for breach of contract. Unless expressly excluded by the contract, the convention is automatically incorporated into the domestic laws of Contracting States and applies directly to a transaction of goods between their nationals. The CISG is rooted in two earlier international sales treaties first developed in 1930 by the Internatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Institute For The Unification Of Private Law
UNIDROIT (formally, the International Institute for the Unification of Private Law; French: ''Institut international pour l'unification du droit privé'') is an intergovernmental organization whose objective is to harmonize international private law across countries through uniform rules, international conventions, and the production of model laws, sets of principles, guides and guidelines. Established in 1926 as part of the League of Nations, it was reestablished in 1940 following the League's dissolution through a multilateral agreement, the UNIDROIT Statute. As at 2019 UNIDROIT has 63 member states. UNIDROIT has prepared multiple conventions (treaties), but has also developed soft law instruments. An example are the UNIDROIT Principles of International Commercial Contracts. Distinctly different from the Convention on the International Sale of Goods (CISG) adopted by UNCITRAL, the UNIDROIT Principles do not apply as a matter of law, but only when chosen by the parties as th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Mercatoria
''Lex mercatoria'' (from the Latin for "merchant law"), often referred to as "the Law Merchant" in English, is the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to English common law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It developed into an integrated body of law that was voluntarily produced, adjudicated and enforced on a voluntary basis, alleviating the friction stemming from the diverse backgrounds and local traditions of the participants. Due to the international background local state law was not always applicable and the merchant law provided a leveled framework to conduct transactions reducing the preliminary of a trusted second party. It emphasized contractual freedom and inalienability of property, while shunning legal technicalities and deciding cases ''ex aequo et bono''. With ''lex mercatoria'' professional merchants revita ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Civil Code
The European civil code (ECC) is a proposed harmonisation of private law across the European Union. The ultimate aim of a European civil code is, like a national civil code, to deal comprehensively with the core areas of private law. Private law typically covered in a civil code includes the family law, the law of inheritance, property law and the law of obligations. The law of obligations includes the law of contracts, delicts (or torts) and restitution. It was from work on European contract law that the push for a comprehensive European civil code arose. The development of a European civil code has primarily focused on creating a unified law of contracts. Thus, the term 'European civil code' is often used in specific reference to the harmonisation of contract law throughout the EU. History The Lando Commission The idea of a unified European civil code can be traced to the idea of a unified Europe and the creation of the European Union. The European Parliament requested the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Green Paper
In the United Kingdom, the Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion. A green paper represents the best that the government can propose on the given issue, but, remaining uncommitted, it is able without loss of face to leave its final decision open until it has been able to consider the public reaction to it. Green papers may result in the production of a white paper. They may be seen as grey literature. Canada A green paper in Canada, like a white paper, is an official government document. Green papers tend to be statements not of policy already determined, but of propositions put before the whole nation for discussion. They are produced early in the policy-making process, while ministerial proposals are still being formulated. Many white papers in Canada have been, in effect, green papers, while at least one green paper—that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of European Tort Law
European tort law, as a term, is not strictly defined and is used to describe a number of various features concerning tort law in Europe. The concept developed alongside other major historic developments of European integration. History After World War II, the concept of a united Europe began to take shape. The ideas of a unified Europe varied in degree. Some envisioned a federal Europe run by a European government and others merely aimed for an economic co-operation only to achieve a common internal market. The result today is somewhere in between these two extremes. As Europe merged politically, a common European tort law also emerged. In the middle of the 20th Century, European tort law was varied and a common European tort law was non-existent. Only in the beginning of the 21st did it start to take shape. Background The ideas on the harmonisation of European tort law also vary drastically. On the one hand there is a vision of a codification of European tort law as part of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome I Regulation
The Rome I Regulation (Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) is a regulation which governs the choice of law in the European Union. It is based upon and replaces the Convention on the Law Applicable to Contractual Obligations 1980. The Rome I Regulation can be distinguished from the Brussels Regime which determines which court can hear a given dispute, as opposed to which law it should apply. The regulation applies to all EU member states except Denmark, which has an opt-out from implementing regulations under the area of freedom, security and justice. The Danish government planned to join the regulation if a referendum on 3 December 2015 approved converting its opt-out into an opt-in, but the proposal was rejected. While the United Kingdom originally opted-out of the regulation they subsequently decided to opt-in. Background The regulation sets out which law be used to interpr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rome II Regulation
The Rome II Regulation (EC) N864/2007is a European Union European Union Regulation, Regulation regarding the conflict of laws on the law applicable to non-contractual obligations. From 11 January 2009, the Rome II Regulation created a Harmonisation of law, harmonised set of rules within the European Union to govern choice of law in civil and commercial matters (subject to certain exclusions, such as the application being manifestly incompatible with the public policy of the forum) concerning non-contractual Law of Obligations, obligations. Additionally, in certain circumstances and subject to certain conditions, the parties may choose the law applicable to a non-contractual obligation. Analogous rules were established for contractual obligations by the Rome Convention (contract), Rome Convention of 1980. The Rome Convention has, in turn, been replaced by the Rome I Regulation on the law applicable to contractual obligations (Reg. (EC) No. 593/2008). The regulation applies to all Memb ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
