Waves in Contract and Liability Law in Three Decades of Ius Commune (Ius Commune Europaeum, 158, Band 158) - Softcover

Keirse, Anne; Loos, Marco (Professor Of Private Law At The University Of Amsterdam)

 
9781780686028: Waves in Contract and Liability Law in Three Decades of Ius Commune (Ius Commune Europaeum, 158, Band 158)
Softcover
ISBN 10: 1780686021 ISBN 13: 9781780686028
Verlag: Intersentia Ltd, 2017

Inhaltsangabe

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today. It examines whether similarities or divergences can be observed, and how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law, and the need to adjust the law in response to digitalisation and new technological, environmental, or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations, and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand, and on the concept of fairness and weaker-party protection on the other hand. (Series: Ius Commune Europaeum, Vol. 158) [Subject: Contract Law, European Law, Tort Law]

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Über die Autorin bzw. den Autor

Marco Loos is professor of private law, in particular European consumer law. He conducts research and teaches in the areas of Dutch and European contract and consumer law. He studied law at the University of Amsterdam. In 1993, he started working as a junior researcher at the Molengraaff Institute for Private law at Utrecht University. He wrote his PhD-thesis on the contract to supply energy to consumers under the responsibility of professor Ewoud Hondius and successfully defended his thesis in 1998. From 1997 to 2001 he worked as a researcher and lecturer of law at Tilburg University. From 2002 to 2004, he worked as a senior researcher and senior lecturer at the University of Amsterdam. As of 2005 he is a professor at this University. In 2005 and 2006 he was Director of the Amsterdam Institute for Private law (AIP, currently the Centre for the Study of European Contract Law). From 2007-2009 he was chairman of the Department on Private Law. He regularly publishes in the fields of contract law, consumer law and European private law. Finally, he is a member of the editorial board of the Dutch consumer law review “Tijdschrift voor Consumentenrecht en handelspraktijken”, member of the Board of Governors at the Ius Commune Research School (Maastricht/Utrecht/Leuven/Amsterdam) and co-ordinating research leader in the Contract Law program thereof, and a part-time judge to the Court of Appeal at 's-Hertogenbosch.

Von der hinteren Coverseite

This book revolves around major legal developments in the fields of European contract law and tort law from 1981 to today and examines whether similarities or divergences can be observed. It examines how opposing concepts such as weaker party protection (consumers as well as SME) and freedom of contract and fault principle are balanced. It also focuses on Europeanisation and constitutionalisation of both contract and tort law and the need to adjust the law in response to digitalisation and new technological, environmental or financial risks. Furthermore, the law of obligations nowadays emerges from very different sources and directions (top-down, bottom-up, but also crossing-over and diagonal). Norms of the law of obligations are not only being made by national legislators and courts, but also by European institutionalised lawmakers and (increasingly important) by private actors, organisations and networks. This book illustrates that the law of obligations evolves in a continuing process of waves. Contradictory tendencies in contract law alternate in focuses on the demands of the free market and the core value of party autonomy on the one hand and on the concept of fairness and weaker-party protection on the other hand. Tort law shows movements discarding former limitations of liability and embracing liability of wider scope and vice versa returns to more restricted approaches.

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Verlag
Intersentia Ltd
Erscheinungsdatum
2017
Sprache
Englisch
ISBN 10 
1780686021
ISBN 13 
9781780686028
Einband
Taschenbuch
Auflage
1
Anzahl der Seiten
218
Kontakt zum Hersteller
Nicht verfügbar
Verantwortliche Person
Buchbär
info@buchbaer.de

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