Principles, Definitions and Model Rules of European Private Law - D.C.F.R. - full edition

PROIECTUL DE COD CIVIL EUROPEAN (6 VOLUME)
Principles, Definitions and Model Rules of European private law - Draft Common Frame of Reference (DCFR). full edition
ISBN: 978-3-86653-098-0

Autor: Study Group on a European Civil Code/Research Group on EC private law (Acquis Group)


Editura: SELP
POSTAT PE www.themis.ro; themis.cart.marketing@gmail.com (Iuliana Matei)


Data aparitiei: 07.10.2009


Numar de pagini: 6100

Price: 3,750.00RON

Tip Coperta: hardcover
DREPT EUROPEAN
DIN CUPRINS:The work of the Study Group and the Acquis Group on the "Draft Common Frame of Reference (DCFR)" will be completed soon. This 6 volume opus includes not only draft model rules but full comments and notes, which explain why a rule is formulated as it is, how it relates to other rules and where its roots lie in the European legal systems. With this collection you are abreast of the latest developments in European Private Law.
Preface by the general editors
This full edition of the Principles, Definitions and Model Rules of European Private Law
is a document of pan-European co-operation. It is the collaborative work of jurists from
thirty European jurisdictions. Our function as general editors arose from the fact that we
jointly chaired the compilation and redaction team which, for the purposes of editing
and consistency of content, style and terminology, sat at the apex of a giant productive
structure of research groups, working teams, advisory councils, committees of various
kinds and individual writers and researchers.
The authors of the particular parts, the members of the committees and other bodies in
which the texts were hammered out over many years and all the colleagues who developed
the comparative material are named in the list of academic contributors. Bare lists
of names cannot, however, do justice to the reality of this sort of co-operation. Out of
mutual respect, shared goals and innumerable intellectual exchanges have many lasting
friendships grown.
Our thanks to the financial supporters of the project are expressed in the list of funders
and donors. We would also like to place on record that we have found our publisher
Patrick Sellier and his team to be extraordinarily committed and courageous and a
complete pleasure to work with.
On behalf of everybody involved in this project we express the hope that it may succeed
in its aim of being a useful contribution to the strengthening of freedom, security and
justice in Europe.
Christian von Bar and Eric Clive
Osnabrück and Edinburgh
September 2009
General Table of Contents
Volume 1
Preface by the general editors
Introduction 1
Academic contributors 25
Funders and donors 33
Principles 37
Definitions 65
Model rules
Book I General provisions 85
Book II Contracts and other juridical acts
Chapter 1: General provisions 125
Chapter 2: Non-discrimination 165
Chapter 3: Marketing and pre-contractual duties 200
Chapter 4: Formation 264
Chapter 5: Right of withdrawal 344
Chapter 6: Representation 411
Chapter 7: Grounds of invalidity 451
Chapter 8: Interpretation 553
Chapter 9: Contents and effects of contracts 575
Book III Obligations and corresponding rights
Chapter 1: General 669
Chapter 2: Performance 720
Chapter 3: Remedies for non-performance 772
Chapter 4: Plurality of debtors and creditors 970
Volume 2
Book III Obligations and corresponding rights (contd.)
Chapter 5: Change of parties 1011
Chapter 6: Set-off and merger 1112
Chapter 7: Prescription 1139
Book IV Specific contracts and the rights and obligations
arising from them
Part A. Sales 1207
Part B. Lease of goods 1427
Part C. Services 1597
Volume 3
Book IV Specific contracts and the rights and obligations
arising from them (contd.)
Part D. Mandate contracts 2025
Part E. Commercial agency, franchise and distributorship 2281
Part F. Loan contracts 2455
Part G. Personal security 2485
Part H. Donation 2799

Book V Benevolent intervention in another’s affairs
Chapter 1: Scope 2877
Chapter 2: Duties of intervener 2987
Chapter 3: Rights and authority of intervener 3032
Volume 4
Book VI Non-contractual liability arising out of damage
caused to another
Chapter 1: Fundamental provisions 3083
Chapter 2: Legally relevant damage 3139
Chapter 3: Accountability 3389
Chapter 4: Causation 3566
Chapter 5: Defences 3608
Chapter 6: Remedies 3721
Chapter 7: Ancillary rules 3817
Book VII Unjustified enrichment
Chapter 1: General 3843
Chapter 2: When enrichment unjustified 3874
Chapter 3: Enrichment and disadvantage 4003
Chapter 4: Attribution 4035
Chapter 5: Reversal of enrichment 4103
Chapter 6: Defences 4139
Chapter 7: Relation to other legal rules 4174
Volume 5
Book VIII Acquisition and loss of ownership of goods
Chapter 1: General provisions 4205
Chapter 2: Transfer of ownership based on the transferor’s
right or authority 4377
Chapter 3: Good faith acquisition of ownership 4824
Chapter 4: Acquisition of ownership by continuous possession 4886
Chapter 5: Production, combination and commingling 5026
Chapter 6: Protection of ownership and protection of possession 5162
Chapter 7: Consequential questions on restitution of goods 5307
Volume 6
Book IX Proprietary security in movable assets
Chapter 1: General rules 5389
Chapter 2: Creation and coverage 5408
Chapter 3: Effectiveness as against third persons 5473
Chapter 4: Priority 5547
Chapter 5: Predefault rules 5572
Chapter 6: Termination 5599
Chapter 7: Default and enforcement 5613
Book X Trusts
Chapter 1: Fundamental provisions 5669
Chapter 2: Constitution of trusts 5701
Chapter 3: Trust fund 5705
Chapter 4: Trust terms and invalidity 5715
Chapter 5: Trustee decision-making and powers 5717
Chapter 6: Obligations and rights of trustees and trust auxiliaries 5721
Chapter 7: Remedies for non-performance 5726
Chapter 8: Change of trustees or trust auxiliary 5730
Chapter 9: Termination and variation of trusts and transfer
of rights to benefit 5734
Chapter 10: Relations to third parties 5739
Annexes
Table of destinations 5745
Table of derivations 5755
General list of abbreviations 5771
Table of codes and statutes 5831
Table of cases 6239
Table of treaties and enactments of the European Union 6315
Table of literature cited in abbreviated form 6339
Index 6521