Ewoud Hondius

Since its original publication in 1994, Towards a European Civil Code has become an international classic. This fourth edition of the book reflects the current state of the debate on the future of European private law and provides materials for academic teaching in this field. The Chapters of the book, written by a large number of experts on European private law, address the main topics of debate, taking into account the laws of the European Member States, the acquis communautaire in the area of private law and sets of model rules, such as the Principles of European Contract Law and the Principles of European Tort Law. Moreover, in this fourth edition of the volume, authors pay particular attention to recent developments regarding the drafting of a Common Frame of Reference for European private law. With few exceptions, the existing Chapters have been updated, and new contributions have been included on: * private regulation; * the influence of primary EU law on private law; * competition and contract law; * proceduralisation of private law; * the legislative competence of the EU in the field of private law; * constitutional aspects of a European Civil Code; * the notion of damage; * the law and economics of harmonizing European private law; * defects of consent in contract law; * hardship and modification of the contract; * financial services; * suretyships by private persons; * vicarious liability; * liability for land and structures; and * good faith acquisition of movables. Thus, this new, revised and expanded edition of Towards a European Civil Code forms a primary point of reference for policy makers, practitioners, academics and students engaged in matters of European private law.

Contents: Conflict of Laws Regarding Liability Allocation between Insurers in Cases of Double Insurance by Michael Bogdan The Rise and Rise of Standard Form Contracts: International Commodity Sales 1800-1970 by Ross Cranston Is the Lex Mercatoria Autonomous? by Roy Goode Letters of commitment and loan agreements by Lars Gorton Law of business in transition in Hungary by Attila Harmathy Commercial Law: is it Special? by Ewoud Hondius A Roadmap to Economic Development through Law: Third Parties and Comparative Legal Culture by Boris Kozolchyk Last Shot vs. Knock Out – Still Battle over the Battle of Forms Under the CISG by Ulrich Magnus Directive 2000/35 of 29 June 2000 on combating late payment in commercial transactions: the period for payment (art. 3.1 b) by Pilar Perales Viscasillas Electronic Communications and Incoterms 2000 by Jan Ramberg Calculation of damages in case of anticipatory breach under the CISG by Peter Schlechtriem Ethical Values and International Sales Contracts by Ingeborg Schwenzer & Benjamin Leisinger The Globalization of Law and its Limitations, with Particular Reference to the Globalization of Commercial Law by Jacob Ziegel

This publication provides a systematic overview of the PECL in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessible. Amongst the contributors there are many highly distinguished contract law specialists.

This work contains the proceedings of the 2nd Conference on Dutch-Japanese Law, which took place at the University of Utrecht in August 1996. The doctrine of tort law was chosen as the central theme for this conference. The meaning of tort law has been extended to such a degree that socially accepted responsibilities are attributed to specifically determined natural and legal persons. This book elaborates on various trends in tort law, such as medical liability, traffic liability, product liability, and environmental liability. A comparison with the Japanese legal system provides interesting insights into this particular issue, because the Japanese system is of a dualistic nature. By studying the development of the law in both Japan and the Netherlands, existing links are strengthened and new contacts between Dutch and Japanese academic lawyers are established.