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Material Type: | Internet resource |
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Document Type: | Book, Internet Resource |
All Authors / Contributors: |
Reinhard Zimmermann; Simon Whittaker |
ISBN: | 0521771900 9780521771900 9780521088039 0521088038 |
OCLC Number: | 41619880 |
Description: | xxxiii, 720 pages ; 24 cm |
Contents: | Table of legislation -- Part I Setting the Scene -- 1 Good faith in European contract law: surveying the legal landscape SIMON WHITTAKER & REINHARD ZIMMERMANN -- 2 Bona fides in Roman contract law MARTIN JOSEF SCHERMAIER -- 3 Good faith in contract law in the medieval ius commune JAMES GORDLEY -- 4 The conceptualisation of good faith in American contract law: a general account ROBERT S. SUMMERS -- Part II The Case Studies -- Case 1: Courgettes perishing -- Case 2: Degas drawing -- Case 3: Breaking off negotiations -- Case 4: Formalities I -- Case 5: Formalities II -- Case 6: One bag too few -- Case 7: Late payment of rent -- Case 8: Delivery at night -- Case 9: Uniformity of outfit -- Case 10: Dissolution of partnership -- Case 11: Untested motors working -- Case 12: No use for borrowed motor bike -- Case 13: Inspecting the books -- Case 14: Producing new bumpers -- Case 15: Two cracks in a shed -- Case 16: Drug causing drowsiness in driving -- Case 17: Bank miscrediting customer -- Case 18: Access to medical records -- Case 19: Doctors swapping practices -- Case 20: Prescription I -- Case 21: Prescription II -- Case 22: Sitting on one's rights s Case 23: Case 24: Long-term business relationships II -- Case 25: Effect of inflation -- Case 26: 'Sale' of soccer player -- Case 27: Disability insurance -- Case 28: Crop destroyed by hail -- Case 29: Divorce settlement -- Case 30: Penalty for late delivery -- Coming to terms with good faith SIMON WHITTAKER & REINHARD ZIMMERMANN -- Index |
Series Title: | Cambridge studies in international and comparative law (Cambridge, England : 1996), 14.; Cambridge studies in international and comparative law (Cambridge, England : 1996)., Common core of European law project. |
Other Titles: | European contract law |
Responsibility: | edited by Reinhard Zimmermann and Simon Whittaker. |
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Abstract:
Reviews
Publisher Synopsis
Review of the hardback: 'It is impossible within the span of a short review to do full justice to the quantity of information amassed in Good Faith in European Contract Law. The project was well-conceived, the data is well-presented and the analysis, which seems comfortingly agnostic about the merits of general good faith provisions, is balanced and shrewd. This book sets a high standard for future volumes in the 'Common Core' project to emulate as well as providing scholars and teachers of comparative law with a fund of instructive materials.' Roderick Munday, The Cambridge Law Journal Review of the hardback: 'It was at a meeting held at the University of Trento in June 1994 that Reinhard Zimmerman suggested that good faith in contracts might make an interesting and fruitful topic for the so-called Common Core of European Private Law project. Six years later, with the publication of good faith in European Contract law, Zimmermann's suggestion has been brought through to a successful completion. Whether one's interest is in comparative law or its methodology, the harmonisation of European private law, or good faith in contracts, the publication of this book is a major event and, whatever one makes of the product of this study, there is no question that Zimmerman, his co-editor Simon Whittaker, and the team of contributors are to be congratulated for conceiving of such a book and then delivering it so impressively. The book is a mine of informed analysis. Readers who want an introduction to good faith doctrines in German, French and (in its limited way) English contract law, will be considerably assisted by the co-editors' own opening contribution to the book. Similarly, if one's interest in good faith relates to its place in Roman law, or in contract law ion the medieval ius commune, or in US contract law, then the contributions by, respectively Martin Joseph Schermaier, James Gordley, and Robert Summers will be required reading. However, the centrepiece of this book - its distinctive contribution to comparative private law scholarship in general and to an understanding of good faith doctrines (or their cognates) in particular - is the set of 30 case studies, discussion of which takes up the greater part of this volume. The purpose of this study, focused on the 30 hypothetical cases, is not so much to compare doctrinal technique and resource in contract law regimes across Europe; rather, the project is designed to reach beyond surface doctrinal difference to see how far there is a core of agreement as to good faith outcomes in Europe.' Modern Law R Review of the hardback: '... the book ... reasserts the classic comparative law notion of the functional unity of law.' The Edinburgh Law Review Read more...


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Related Subjects:(22)
- Contracts -- Europe.
- Good faith (Law) -- Europe.
- Contrats -- Europe.
- Bonne foi (Droit) -- Europe.
- Droit des contrats.
- Droit privé européen.
- Droit comparé.
- Bonne foi.
- Europe.
- Contracts.
- Good faith (Law)
- Mitgliedsstaaten
- Rechtsvergleich
- Guter Glaube
- Vertragsrecht
- Overeenkomstenrecht.
- Vertrouwensleer.
- Boa-fé -- Europa.
- Contratos -- Europa.
- Direito comparado.
- Bonne foi (droit) -- Europe.
- Europäische Union.