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European Contract Law: Scots and South African Perspectives (Edinburgh Studies in Law)
 
 
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European Contract Law: Scots and South African Perspectives (Edinburgh Studies in Law) [Hardcover]

Hector MacQueen (Editor), Reinhard Zimmermann (Editor)


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Book Description

May 2, 2006 0748624252 978-0748624256

This volume sets out initially to test 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. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this volume an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments 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 it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.


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About the Author

Hector MacQueen is Professor of Private Law in the University of Edinburgh. Reinhard Zimmermann is Director of the Max Planck Institute for Foreign Private and Private International Law, Hamburg, and Professor of Private Law, Roman Law, and Comparative Law in the University of Regensburg.


Product Details

  • Hardcover: 400 pages
  • Publisher: Edinburgh University Press (May 2, 2006)
  • Language: English
  • ISBN-10: 0748624252
  • ISBN-13: 978-0748624256
  • Product Dimensions: 9.3 x 6.5 x 1.6 inches
  • Shipping Weight: 1.9 pounds
  • Amazon Best Sellers Rank: #5,399,910 in Books (See Top 100 in Books)

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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
remediable breach, mora interest, mixed legal systems, solidary debtor, old ius commune, expedition theory, stipulatio alteri, ultimatum procedure, clause paramount, assignment regime, additional finance charges, postal rule, accordance with good faith, quaesitum tertio, unjustified enrichment, specific implement, first assignee, substituted performance, ins commune, laesio enormis, postal contracts, international commercial contracts, excessive benefit, inter absentes, personal bar
Key Phrases - Capitalized Phrases (CAPs): (learn more)
South African, Law Coin, Southern Cross, Scottish Law Commission, English Act, Usury Act, House of Lords, Supreme Court of Appeal, Acta Juridica, European Union, Bank of Scotland, Scot Law Corn, Cape Explosive, Lloyd's Rep, Lord Denning, Appellate Division, Principles of International Commercial Contracts, United Nations Convention, Butler Machine Tool Co Ltd, Uniroyal Ltd, Codice Civile, Dutch Civil Code, European Civil Code, Lord Clyde, Africa Ltd
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