The Common Frame of Reference: A View from Law & Economics

Front Cover
Walter de Gruyter, Aug 17, 2009 - Law - 282 pages

Since its publication in early 2008, the DCFR has triggered an intensive discussion throughout Europe. The contributions combined in the present volume stand out as they add a Law & Economics perspective to the ongoing debate.
A workshop held at the Law and Economics Faculty of the University of Bonn in November 2008 aimed at stimulating the debate on the economic implications of the principles and rules enshrined in the DCFR. An essential part of the papers presented at the Bonn workshop are now being published. The topics addressed range from general issues such as the policies of anti-discrimination and consumer protection to analyses of specific legal areas, like the law of remedies, the law of service contracts and the law of torts or delict.

 

Selected pages

Contents

Contract Remedies from the Incentive Perspective
1
Remedies for Breach of Contract in the DCFR
19
Beyond Expectation? An Assessment of the DCFR Rules on Contractual Damages
35
The Right to Specific Performance under the DCFR
69
LongTerm Contracts and the DCFR Interpretation and Adjustment
87
Consumer Law in the DCFR
163
NonDiscrimination in the DCFR
207
The Law of Torts in the DCFR
225
Copyright

Other editions - View all

The Common Frame of Reference: A View from Law & Economics
Gerhard Wagner
Limited preview - 2009

Common terms and phrases

Acquis adjust the contract agreement allocation applies approach assessment behaviour buyer caused CISG clause Common Frame compensation concept consumer contracts consumer law consumer protection consumer protection law cooperative court creditor DCFR provides debtor decision default rules defective performance determination Directive discrimination EC law economic analysis efficient breach employer Europäischen European Contract Law European Private Law ex ante ex post example fault framers freedom of contract fundamental non-performance German law infra internal market interpretation judicial Law and Economics law of obligations legal enforcement legal systems limited long-term contracts non-economic loss normative obligation party autonomy PECL person price reduction principle problem products liability pure economic loss question reasonable regard relevant remedy requirement result right to cure risk rules on consumer scope Scott supra note Section seller Shavell solution specific performance strict liability substitute transaction tion Tort Law tortfeasor victim Wagner

Bibliographic information

TitleThe Common Frame of Reference: A View from Law & Economics
AuthorGerhard Wagner
PublisherWalter de Gruyter, 2009
ISBN3866538669, 9783866538665
Length282 pages
Subjects › 

Law / International
  
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