European Contract Law : : Scots and South African Perspectives / / Hector MacQueen, Reinhard Zimmermann.

• Superior document: Title is part of eBook package: De Gruyter Edinburgh University Press Backlist eBook-Package 2013-2000
• VerfasserIn: MacQueen, Hector,; Zimmermann, Reinhard,
• MitwirkendeR: Clive, Eric,; Eiselen, Sieg,; Forte, A D M,; Hugo, Charl,; Loubser, Max,; Lubbe, Gerhard,; MacQueen, Hector L.,; Macgregor, Laura,; Naudé, Tjakie,; Plessis, Jacques du,; Quinot, Geo,; Sutherland, Philip,; Zimmermann, Reinhard,
• Place / Publishing House: Edinburgh : : Edinburgh University Press, , [2022]; ©2006
• Year of Publication: 2022
• Language: English
• Series: Edinburgh Studies in Law : ESL
• Physical Description: 1 online resource (400 p.)

Analyses how these two legal systems have pre-empted and would need to respond to a European contract lawGBS_insertPreviewButtonPopup('ISBN:9780748624256);This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day."

Table of Contents

Frontmatter -- Contents -- Preface -- List of Contributors -- List of Abbreviations -- 1 Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea -- 2 Good Faith -- 3 Offer, Acceptance and the Moment of Contract Formation -- 4 The Battle of Forms -- 5 Agency -- 6 Threats and Excessive Benefits or Unfair Advantage -- 7 Interpretation -- 8 Third-Party Contracts -- 9 Payment -- 10 Specific Performance and Special Damages -- 11 Termination for Breach of Contract -- 12 Assignment -- 13 Capitalisation of Interest -- APPENDIX The Principles of European Contract Law* -- List of Cases -- Index