A Factual Assessment of the Draft Common Frame of Reference / / ed. by Luisa Anatoniolli, Francesca Fiorentini.

• Superior document: Title is part of eBook package: De Gruyter DGBA Backlist Complete English Language 2000-2014 PART1
• HerausgeberIn: Anatoniolli, Luisa,; Fiorentini, Francesca,
• MitwirkendeR: Antoniolli, Luisa,; Bineva, Valentina,; Fiorentini, Francesca,; Gómez Ligüerre, Carlos,; Ioriatti Ferrari, Elena,; Mak, Vanessa,; Meier, Sonja,; Mónika, Józon,; Nogler, Luca,; Panek, Grzegorz,; Peleggi, Roberta,; Reifner, Udo,; Schmid, Christoph U.,; Smits, Jan,; Vigneron, Sophie,; Vliet, Lars van,; Willett, Chris,; Wong, Simone,
• Place / Publishing House: Munich : : Otto Schmidt/De Gruyter european law pub, , [2010]; ©2010
• Year of Publication: 2010
• Language: English
• Physical Description: 1 online resource (476 p.)

This 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.

Table of Contents

Frontmatter -- Table of Contents -- Authors -- Preface by the General Editors of “The Common Core of European Private Law“ Project -- Preface by the Editors in Chief of the Case-Based Assessment -- Introduction -- Case-Based Assessments -- Unfair Terms -- Change of Circumstances -- Plurality of Debtors -- Sales -- Lease of Goods -- Mandate -- Personal Security -- Non-contractual Liability Arising out of Damage Caused to Another -- Unjustified Enrichment -- Acquisition and Loss of Ownership of Goods -- Critical Essays -- The ‘Three Lives‘ of European Private Law -- Draft Common Frame of Reference and Terminology -- Social Contracts in the Light of the Draft Common Frame of Reference for a Future EU Contract Law -- Concluding Remarks -- Abbreviations -- Bibliography -- Case Law