Dispute avoidance and European contract law : dealing with divergence / Martin J. Doris.
"Since early 2000 the European institutions have politically prioritised the need for greater coherence and uniformity in European private law. Contract law in particular has remained centre stage. Despite a lack of convincing empirical data in support of the convergence thesis, a diminished bu...
Saved in:
| Main Author: | |
|---|---|
| Format: | Book |
| Language: | English |
| Published: |
Groningen :
Europa Law Publishing,
2008.
|
| Series: | European studies in private law ;
2. |
| Subjects: |
| Summary: | "Since early 2000 the European institutions have politically prioritised the need for greater coherence and uniformity in European private law. Contract law in particular has remained centre stage. Despite a lack of convincing empirical data in support of the convergence thesis, a diminished business interest has in part allowed the proponents of a comprehensive codification of private law to set the political and academic agenda. Yet this clamour for codification has in many respects overlooked the mechanics of commercial contracting in particular, the importance of contract drafting and the complex negotiations that lead to deals both domestically and cross border. This book therefore engages with two 'holy grails' of modern contract scholarship - the appropriate design of EC contract rules and judicial treatment of preliminary, incomplete bargains. In so doing, the study reveals the weakness of existing soft law initiatives and framework codes in capturing the degree of specificity and complexity in the field. Instead, the case is made for a viable methodology of dispute avoidance aimed at re-conceptualising and re-orienting the harmonisation effort."--BOOK JACKET. |
|---|---|
| Physical Description: | xxi, 259 pages ; 24 cm. |
| Bibliography: | Includes bibliographical references (pages 218-248). |
| ISBN: | 9076871906 9789076871905 |