Search Results for "contract-law-in-the-netherlands"

Contract law in the Netherlands

Contract law in the Netherlands

  • Author: A. S. Hartkamp,Marianne M. M. Tillema
  • Publisher: Kluwer Law Intl
  • ISBN: N.A
  • Category: Law
  • Page: 228
  • View: 6304
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Contract Law in the Netherlands deals with Dutch contract law as it has been enacted in 1992 as part of the new Civil Code of the Netherlands. The new Civil Code has been anticipated for a long time (work on the code started as early as 1947) and represents a major update of Dutch patrimonial law. In the new Code the system of patrimonial law has been improved, some parts of the law have been fundamentally changed, some parts have been slightly modified, and a large part of the 'old' law has been revised and maintained. The result is a new and modern system of law which could well serve as a model for other jurisdictions.

The Development of the Principles of Insurance Law in the Netherlands from 1500 to 1800

The Development of the Principles of Insurance Law in the Netherlands from 1500 to 1800

  • Author: J. P. Van Niekerk
  • Publisher: Uitgeverij Verloren
  • ISBN: 9780702149207
  • Category: Law
  • Page: 1546
  • View: 9811
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Published in two volumes, the first part of this title covers the origin, recognition and distinguishing features of the insurance contract. The second part details the principles of pre-codified Dutch insurance law from general requirements to the termination of insurance contracts.

Fundamental Rights in European Contract Law

Fundamental Rights in European Contract Law

A Comparison of the Impact of Fundamental Rights on Contractual Relationships in Germany, the Netherlands, Italy and England

  • Author: Chantal Mak
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041126716
  • Category: Law
  • Page: 364
  • View: 8787
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Our modern insistence on democratic social values has engendered an intense debate over the intersection of fundamental rights and contract law. In particular, case law in several European national jurisdictions has exerted significant pressure on traditional contract law instruments to conform more transparently with the fundamental rights enshrined in the EC Charter. This pressure is clearly evident in a number of societal areas subject to contract law, among them employment, housing, and privacy. It can even be argued, as this author does, that fundamental rights intermediate between politics and law. Taking its cue from many initiatives toward the development of a more coherent, even harmonised, European contract law, this book is the first major study to examine the following essential questions with detailed reference to actual judicial developments: • To what extent do fundamental rights affect contract law? • In which types of cases can fundamental rights be applied? • What does the explicit consideration of fundamental rights add to contract law adjudication? The author approaches the analysis along two different avenues: first, a comparative overview of developments in case law, and second, a more general theoretical view on the interaction between fundamental rights and rules of contract law which is tested against examples from various legal systems. The focus throughout is on developments in case law, because the impact of fundamental rights in contract law has been felt on the level of dispute resolution rather than on the level of legislation. Germany and the Netherlands are chosen because their judiciaries have been notable for their early and continuing attention to the theme, and England and Italy for perspectives on developments under common law and civil law systems respectively.

User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology

User Protection in IT Contracts:A Comparative Study of the Protection of the User Against Defective Performance in Information Technology

  • Author: Clarisse Girot
  • Publisher: Kluwer Law International B.V.
  • ISBN: 904111548X
  • Category: Law
  • Page: 465
  • View: 1573
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This volume considers the theme of the protection of the user in the field of Information Technology, and more specifically in relation to software licences, electronic information services and Internet access services. Litigation in IT usually stems from the users' feeling that their expectations have been frustrated at performance. When dealing with such cases, the courts seem to increasingly take the objective of user protection into account. How is this protection implemented? Is this trend generally desirable? Is this judicial protection excessive? What are the constraints met by IT providers that should be taken into account in litigation? How can the user's position be improved? User Protection in IT Contracts extensively presents the reasons why, and the ways in which national courts may decide a case in favour of the user. Many practical issues are considered in this respect. Which factors appear relevant to deal with liability claims in IT? Are exemption clauses always enforceable? What are the implications of information duties for IT providers? How can general conditions be safely incorporated to a contract? This book exhaustively reviews these and other issues in English, Dutch and French law.

The Principles of European Contract Law (Part III) and Dutch Law

The Principles of European Contract Law (Part III) and Dutch Law

A Commentary II

  • Author: Harriët N. Schelhaas
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041124950
  • Category: Law
  • Page: 292
  • View: 8096
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The Principles of European Contract Law, prepared by the so-called Lando Commission, today constitute the most advanced project on the harmonisation of European private law. As well as providing a set of rules which could facilitate cross-border trade within Europe, the Principles can be seen as a modern lex mercatoria which, for example, could be referred to by arbitrators deciding a case according to internationally accepted principles of law. Furthermore, the Principles provide a framework for EU legislation on contract law and, more importantly, they can be viewed as a first step towards a European Civil Code. They may also prove to be a catalyst for the development of national legislation, judicial decisions and legal doctrine. This new title, which follows the first volume covering Parts I and II of the Principles, includes chapters on plurality of parties, assignment of claims, transfer of contract, set-off, prescription, illegality and conditions. It provides a systematic overview of the Principles in comparison with Dutch law, which will be of interest not only in the Netherlands but also to lawyers in other countries who need to gain a clearer understanding of the Dutch contract law system.

PEICL

PEICL

  • Author: Project Group Restatement of European Insurance Contract Law
  • Publisher: sellier. european law publ.
  • ISBN: 3866530692
  • Category: Law
  • Page: 667
  • View: 6056
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In this volume, the Project Group "Restatement of European Insurance Contract Law" presents its Principles of European Insurance Contract Law (PEICL). These principles were submitted to the European Commission as a Draft Common Frame of Reference of European Insurance Contract Law (DCFR Insurance). The volume comprises the PEICL/DCFR Insurance, as well as translations into Czech, Dutch, French, German, Greek, Hungarian, Italian, Polish, Portuguese, and Spanish. It sets out the approach used by the Project Group, how the PEICL/DCFR Insurance relates to the overall DCFR, the participation of the Project Group in the CoPECL (Common Principles of European Contract Law) Network, as well as the general structure and characteristics of the PEICL/DCFR Insurance. The Project Group has also drafted the PEICL/DCFR Insurance as a model for an Optional Instrument of European Insurance Contract Law.

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe

  • Author: Martijn Hesselink
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041119620
  • Category: Law
  • Page: 283
  • View: 8066
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In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

The Interaction of Contract Law and Tort and Property Law in Europe

The Interaction of Contract Law and Tort and Property Law in Europe

A Comparative Study

  • Author: Christian von Bar,Ulrich Drobnig,Guido Alpa
  • Publisher: sellier. european law publ.
  • ISBN: 3935808208
  • Category: Law
  • Page: 541
  • View: 7245
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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.

Vertragshaftung und responsabilité contractuelle

Vertragshaftung und responsabilité contractuelle

ein Vergleich zwischen deutschem und französischem Recht mit Blick auf das Vertragsrecht in Europa

  • Author: Konstanze Brieskorn
  • Publisher: Mohr Siebeck
  • ISBN: 9783161501272
  • Category: Law
  • Page: 488
  • View: 7679
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English summary: Contractual liability is one of the most important parts of contract law and has undergone some recent reforms in the national law systems. Contractual liability is also the focus of European contract law. In this study, Konstanze Brieskorn analyzes the main issues from a comparative point of view, dealing with French, German and European contract law. In the first chapter, the author compares the different conditions necessary for claiming contractual damages within French, German and European contract law. The second chapter deals with the right to compensation following the violation of contractual obligations. German description: Das vertragliche Haftungsrecht ist Gegenstand wichtiger jungerer Reformen in den nationalen Rechtsordnungen, wie z.B. der Schuldrechtsreform in Deutschland von 2002 und der laufenden Reformbemuhungen in Frankreich auf Grundlage des Avant-Projet Catala von 2005. Auch die Vorschlage fur ein gemeinsames Europaisches Vertragsrecht, wie zuletzt der Vorentwurf eines Gemeinsamen Referenzrahmens von 2009, betreffen die vertragliche Haftung. Konstanze Brieskorn vergleicht die verschiedenen Ansatze zur Vertragshaftung im deutschen und franzosischen sowie im schweizerischen, osterreichischen und niederlandischen Recht und in den Modellen fur ein Europaisches Vertragsrecht. Sie analysiert diese Ansatze im ersten Teil des Buches anhand der Voraussetzungen und der Tatbestandsmerkmale der Vertragshaftung, im zweiten Teil behandelt sie die Rechtsfolgen und die Ausgestaltung des vertraglichen Schadensersatzanspruchs.

Divergences of Property Law

Divergences of Property Law

An Obstacle to the Internal Market?

  • Author: Ulrich Drobnig,Henricus Joseph Snijders,Eric-Jan Zippro
  • Publisher: sellier. european law publ.
  • ISBN: 3935808968
  • Category: Law
  • Page: 240
  • View: 1024
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This work is inspired by the comparative study published in The Interaction of Contract Law and Tort and Property Law in Europe (ISBN 3 935808 20 8-Cloth-$79.00-2004). Out of a transnational (comparative and EU-oriented) perspective, the essays included discuss whether divergences of property law on contractual security rights in movables constitute an obstacle to the internal market and, if so, what solutions could be offered. Unification or harmonization of private international law cannot offer an adequate solution, while unification of domestic security laws could. However, the latter will take a very long time, partly due to the specific nature of property law. The contributing authors advocate the development of a European Security Right in Movables (ESRM) in addition to the respective contemporary national security rights. A real ESRM would clearly support free competition within the European Union. However, the development of an ESRM will take much time, in particular when dealing with the relation between that ESRM and domestic security rights in the member states. The reader will also find considerations on the contents of an ESRM and on the outlines of the required additional provisions.

The Civil Code of the Netherlands Antilles and Aruba

The Civil Code of the Netherlands Antilles and Aruba

  • Author: Peter Haanappel,Netherlands Antilles,Ejan Mackaay,Hans C. S. Warendorf
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041117695
  • Category: Law
  • Page: 466
  • View: 5447
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This work consists of an English translation, alongside the Dutch text, of the new law of property, rights and interests and the law of obligations (Book 3), the law of real rights (Book 5), the general part of the law of obligations (Book 6) and the law of special contracts (Book 7) of the Netherlands Antilles Civil Code, which entered into force in the Netherlands Antilles on 1 January 2001 and in Aruba on 1 January 2002. It also contains the transitional law enacted on introduction of this new legislation. It is published in Kluwer Law International's "Series of Legislation in Translation". For the non-Dutch speaking residents of the Netherlands Antilles and Aruba, practitioners advising on Netherlands Antilles law and persons or companies interested in the regulation of civil law this work will be essential. The authors, who are experienced legal translators, are authors of Netherlands Business Legislation , a Kluwer Law International publication, which contains a translation of the corresponding Dutch law and other statutory regulations.

Financial Law in the Netherlands

Financial Law in the Netherlands

  • Author: Marcel C. A. Nieuwenhuijzen
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041128573
  • Category: Law
  • Page: 536
  • View: 3632
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The book provides a practical survey of Dutch financial law, and explains the following topics: specific rules applicable to investment institutions; specific rules applicable to debt instruments; offering securities in both primary and secondary markets; set-off and calculation of obligations of market participants (netting); structures for custody and book-entry transfer of securities; obtaining and terminating listings; mandatory bids, competing bids, friendly and unfriendly bids under public offering regulations; alternative investment funds and fund governance; meaning, jargon and function of derivatives, forwards, futures, options, swaps, etc.; securities repurchase and lending transactions; bond regulations; caretaking duties in private and public law; structure of legal proceedings of a prospectus liability claim; unfair commercial practices rules; case law in insider trading and market manipulation; securities litigation in Dutch private, criminal, and administrative law.

General Clauses and Standards in European Contract Law

General Clauses and Standards in European Contract Law

Comparative Law, EC Law and Contract Law Codification

  • Author: Stefan Grundmann,Denis Mazeaud
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041124322
  • Category: Law
  • Page: 218
  • View: 7124
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General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.

Japanese Contract and Anti-Trust Law

Japanese Contract and Anti-Trust Law

A Sociological and Comparative Study

  • Author: Willem Visser t'Hooft
  • Publisher: Routledge
  • ISBN: 1135790043
  • Category: Business & Economics
  • Page: 232
  • View: 5874
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Little has been written on Japanese contract law and anti-trust law in Western languages. This book describes the role of this law in protecting the distributor against unilateral terminations of distribution agreements. There have been significant pressures both to lower prices and restructure distribution channels in Japan which have strained many distribution agreements. This volume, based primarily on Japanese language legal material, not only involves a study of applicable black-letter law, but also a sociological study of its application in practice. Detailed analysis has been made in particular of famous legal termination cases during the 1990s in the Japanese luxury cosmetics distribution system which generated influential decisions by the higher courts and the Fair Trade Commission, providing new insights into whether or not there are distinct Japanese attitudes towards contracts.

Employment Law and Works Councils of the Netherlands

Employment Law and Works Councils of the Netherlands

  • Author: F. B. J. Grapperhaus,Leonard G. Verburg
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041128581
  • Category: Law
  • Page: 84
  • View: 1104
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"This book gives employers a clear understanding of Dutch employment law, with practical and legal information on the hiring and firing of employees, terms and conditions of employment, workplace issues, and the rights of works councils. It offers practical guidance to in-house counsel and lawyers who deal with Dutch labour law and codetermination issues, and also serves to facilitate communication between foreign business persons and their Dutch counsel." "This is a handbook for Dutch employers, in-house counsel, and employment and labour lawyers representing foreign companies with business interests in the Netherlands." --Book Jacket.

Indirect Representation in European Contract Law

Indirect Representation in European Contract Law

An Evaluation of Articles 3:301-304 of the Principles of European Contract Law Concerning Some Contractual Aspects of Indirect Representation Against the Background of Dutch, German and English Law

  • Author: Danny Busch
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041123423
  • Category: Law
  • Page: 403
  • View: 5210
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Over the last few years increasing attention continues to be paid to the Principles of European Contract Law (otherwise known as the Principles, the Lando Principles or PECL). The drafters of the Principles presented their work in the form of articles accompanied by explanatory notes, averring that the main purpose of the instrument is to serve as a basis for a future European contract law. Can the Lando Principles, as their drafters claim, indeed offer an acceptable basis for a future European contract law? Dr. Busch, both scholar and practitioner, offers a detailed analysis, in response to this question, of the contractual aspects of indirect representation (Arts. 3:301-304 PECL). He evaluates these provisions in the light of Dutch, German, and English law, as well as with reference to the Geneva Convention on Agency in the International Sale of Goods. To introduce this important comparative study and make the background as complete as possible, this book devotes separate chapters to thorough discussions of indirect representation in Dutch law (middellijke vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law (mittelbare Stellvertretung) and in the English doctrine of the undisclosed principal. Lawyers in Europe and elsewhere who must deal with contract law in any connection, will find this thoroughly researched and well-thought-out text to be indispensable. Its value as a scholarly analysis can only grow with the coming years. D. Busch (b. 1974) graduated (cum laude) in Dutch law from the University of Utrecht in 1997. He attained the title of Magister Juris in European and Comparative Law at the University of Oxford (St. John's College) in 1998, and defended his dissertation in 2002 at the University of Utrecht. Until the end of 2001 he was attached as lecturer and researcher to the Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as an attorney-at-law for the law office of De Brauw Blackstone Westbroek in Amsterdam. He has also been an honorary senior lecturer at the Molengraaff Institute since 2004. Principles of European Contract Law 3

Constitutional Values and European Contract Law

Constitutional Values and European Contract Law

  • Author: Stefan Grundmann
  • Publisher: Kluwer Law International B.V.
  • ISBN: 9041127658
  • Category: Law
  • Page: 265
  • View: 8556
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Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme?ly dynamic over the last 10 years, both in substance and perspec?tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification. On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed: Fundamental Freedoms, fundamental rights and constitutional system building principles- such as the social welfare state or the rule of law. Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane". For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

History of the Roman-Dutch Law

History of the Roman-Dutch Law

  • Author: Sir Johannes Wilhelmus Wessels
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584776579
  • Category: History
  • Page: 791
  • View: 659
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AN IMPORTANT BRANCH OF EUROPEAN CIVIL LAW. Origianlly published: Grahamstown, Cape Colony: African Book Co., 1908. iv (new introduction), xv, 791 pp. With a New Introduction by Michael Hoeflich, John H. & John M. Kane Professor of Law, University of Kansas School of Law. Roman-Dutch law is a hybrid of medieval Dutch law, mainly Germanic in origin, and Roman law as defined by the Corpus Juris Civilis and its later reception. It was developed in Holland during the sixteenth, seventeenth and eighteenth centuries. Bynkershoek, Damhouder, Grotius and other Roman-Dutch jurists had a profound influence on the development of European civil law and were the primary source of civil-law study in America. The Dutch brought it to their colonies, most notably South Africa and Indonesia, and it became the basis of their post-colonial legal systems. This engagingly written history offers a thorough analysis of Roman-Dutch jurisprudence and its intellectual background. Wessels devotes a great deal of attention to its literature, and he analyzes several treatises at length. Valuable as an introduction to one of the most important legal systems in history, it is equally useful as a reference. "On the whole, the work is deserving of high praise, both for its learning and its literary quality. It will prove a most illuminating adjunct to the standard authorities on this system of law." --JAMES MACKINTOSH, Juridical Review 20 (1908-1909) 370. JOHANNES WILHELMUS WESSELS [1862-1936] was a judge of the Transvaal Supreme Court. His works include The Status of the Uitlander (1894), Codification of Law in South Africa (1927) and The Law of Contract in South Africa (1937). MICHAEL H. HOEFLICH is the John H. & John M. Kane Professor of Law at the University of Kansas School of Law. He is the author of numerous books including Roman and Civil Law and the Development of Anglo-American Jurisprudence (1997), Legal Publishing in Antebellum America (2010), Sources of the History of the American Law of Lawyering (2007) and The Law in Postcards and Ephemera 1890-1962 (2012), the latter two published by The Lawbook Exchange, Ltd.

Contracts for a Third-Party Beneficiary

Contracts for a Third-Party Beneficiary

A Historical and Comparative Account

  • Author: Jan Hallebeek,Harry Dondorp
  • Publisher: Martinus Nijhoff Publishers
  • ISBN: 9004169741
  • Category: Law
  • Page: 171
  • View: 8898
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This study deals with the concept of contracts for a third-party beneficiary, which is nowadays generally accepted in Western European jurisdictions. The subject is discussed in its development through the ages as well as from the perspective of present-day comparative law.

The Common European Sales Law in Context

The Common European Sales Law in Context

Interactions with English and German Law

  • Author: Gerhard Dannemann,Stefan Vogenauer
  • Publisher: OUP Oxford
  • ISBN: 0191668184
  • Category: Law
  • Page: 856
  • View: 7130
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European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.