Hugh Beale

This is the third edition of the widely acclaimed and successful casebook on contract in the IusCommune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include:An overview of EU legislation and of soft law principles, and their interrelation withnational lawThe distinctions between contract and property, tort and restitutionFormation and pre-contractual liabilityValidity, including duties of disclosureInterpretation and contents; performance and non-performanceRemediesSupervening eventsThird parties.

Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. The third edition has been updated to cover a wealth of cases which have been decided since the last edition. These include new cases on: control of financial collateral, and relief against forfeiture under a financial collateral arrangement; retention of title (including the effect of "extended" clauses); estoppel and the HPI register; availability of set-off against assignee; a number of cases on enforcement of security; equitable liens; solicitor's liens and databases; on priority or purchase money security interests; and the Irish Supreme Court decision on floating charge and crystallisation. The effect of key legislative changes have also been analysed and these include the 2013 amendments to the Companies Act 2006 Part 25, and issues post-ratification relating to the Cape Town Convention. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.

Stockholm Centre for Commercial Law (SCCL) arranged a meeting in Stockholm on 23–24 October 2009 following the Swedish presidency CFR conference, which was held in Stockholm on 22–23 October and organized by the Swedish government. The topic at the meeting was to discuss a proposal from Professor Christian von Bar and Professor Hans Schulte-Nölke, on how to continue the important work conducted by, inter alia, the Study Group on a European Civil Code and the Acquis Group. The continuance of this work could be organized by establishing either a European Law Forum or an informal organisation. The form for this continued work has, for some considerable time, been the subject of lively discussions amongst those interested. This publication contains writings concerning the themes presented and discussed during the meeting. Many of the leading experts in the field attended the meeting. Table of Contents Does business want a Common Frame of Reference? Paul Abbiati Is the Draft Frame of Reference compatible with the Position of the Council? - How should the Academic Research be continued? Christian von Bar Topic 2: The Content of the political CFR – how to prioritise Hugh Beale Discours d’ouverture, conférence « un cadre commun de référence pour le droit européen des contrats »Jean-Marie Bockel Do we need specifically European optional instruments for international business transactions? Michael Joachim Bonell Why the “optional instrument” is not our optionTomáš Brichácek Informations d’ordre général sur le travail de la Commission relatif au cadre de Référence, ainsi que la voie à suivreAlain Brun The relationship between the Political frame of reference (PFR) and the consumer acquisBénédicte Fauvarque-Cosson Some Aspects on the Position of the CCBE on the DCFRFriedrich Graf von Westphalen The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goodsJohnny Herre A Plea for a Binding InstrumentOle Lando Erwartungen an den politischen Referenzrahmen Klaus-Heiner Lehne The results of the discussions in the Council and the future political work with the frame of referenceTanja Rasmusson Drafting new model rules on sales: CFR as an alternative to the CISG? Ingeborg Schwenzer & Pascal Hachem Do we need a codification? Leif Sevón Is non-contractual liability arising out of damage caused to another a natural part of a political frame of reference? Lena Sisula-Tulokas The (Draft) Common Frame of Reference as a toolbox and as a basis for an optional instrumentMatthias E. Storme Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? Stefan Vogenauer

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I & II" cover the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form. Throughout Europe there is great interest in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects.