Service Contracts: (PEL SC)sellier. european law publ., 2007 - 1033 páginas The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the EU is enormous. The European Commission recently estimated that services account for some 50% of EU GDP and for some 60% of employment in the Union - though an exact figure is hard to determine given that many services are provided by manufacturers of goods. According to the European Commission, many services appear in official statistics as manufacturing activity, meaning that the role of services in the economy is often significantly underestimated. Drafting common principles on the law of services contracts is a novel experience. The existing codes only deal with a limited number of services and often provide only general provisions. Six categories were identified, of which some are close to legal tradition (construction, storage, and, to some extent, treatment). Others are an answer to challenges that come from the modern practice of contract law (processing, design, information). For each service contract, the principles aim at solving legal issues that arise at the pre-contractual stage until the end of the contract's performance. Particular attention is given to co-operation duties and the information the parties need to exchange in order to increase the chances of their mutual satisfaction at any stage of their contractual relationship. |
Contenido
Principles of European Law | 3 |
D | 4 |
110 Resort to Other Remedies | 11 |
Storage | 15 |
104 Duties of the Storer regarding Input | 16 |
108 Payment of the Price | 17 |
102 Circumstances in which the Service Is to Be Performed | 21 |
107 Conflict of Interest | 22 |
G Character of the Rule | 492 |
General Comments | 495 |
C | 508 |
H Remedies | 514 |
Place in existing codeslaws | 516 |
102 Precontractual Duty to Warn of the Client | 522 |
B Interests at Stake and Policy Considerations | 529 |
A General Idea | 533 |
104 Duty of Care of the Treatment Provider | 23 |
108 Duty to Obtain Consent | 24 |
Dutch 26 | 26 |
French | 53 |
German | 77 |
Swedish | 102 |
General Introduction | 127 |
General Provisions | 131 |
Relation to Other Parts of the Principles | 137 |
G Relation to the Principles of European Law on Commercial | 146 |
Comparative Notes | 148 |
102 Price | 153 |
National Notes | 159 |
Comments | 163 |
C | 169 |
104 Duty to Cooperate | 182 |
Comparative Notes | 191 |
The service providers duty to cooperate | 192 |
105 Circumstances in which the Service Is to Be Performed | 196 |
C | 198 |
Comparative Notes | 210 |
107 General Standard of Care for Services | 216 |
National Notes | 224 |
B Interests at Stake and Policy Considerations | 229 |
109 Directions of the Client | 235 |
Comparative Overview | 238 |
Disculpation of the service provider in the event of inadequate | 244 |
Comparative Overview | 250 |
National Notes | 256 |
111 Variation of the Service Contract | 260 |
B Interests at Stake and Policy Considerations | 264 |
Comparative Overview | 265 |
112 Remedies for Breach of Duties of the Service Provider | 274 |
G Character of the Rule | 278 |
114 Limitation of Liability | 288 |
1 | 300 |
Construction | 309 |
V | 321 |
F Design by the Client or the Constructor | 324 |
102 Duty to Cooperate of the Client | 329 |
F Nuisance | 337 |
Comparative Overview | 343 |
National Notes | 349 |
105 Inspection Supervision and Acceptance | 352 |
F Constructor Relying on the Knowledge of the Client or Supervisor | 355 |
Right to Supervise and Inspect During the Performance of the Service? Obligation to Inspect the Finalised Structure? | 357 |
4 | 365 |
106 Handing over of the Structure | 366 |
Moment of Payment of the Price | 375 |
Comparative Notes | 381 |
109 Specific Performance and Cure | 385 |
E Restrictions to the Right to Cure | 388 |
110 Resort to Other Remedies | 391 |
Basic Principles | 401 |
Relation to Other Parts of the Principles | 404 |
I | 406 |
Comments | 413 |
102 Duty to Cooperate of the Client | 421 |
Preferred Option | 422 |
E Relation to PECL and Other Parts of the Principles | 435 |
G No Breach of Duty of Care when Warned | 437 |
105 Conformity | 446 |
106 Inspection and Supervision | 451 |
E Relation to PECL and Other Parts of the Principles | 453 |
108 Payment of the Price | 461 |
107 Payment of the Price | 463 |
Moment when payment is due | 464 |
F Risks in the Case of Destruction or Deterioration of | 470 |
F Restrictions to Right to Cure | 477 |
Specific performance in processing contracts | 479 |
111 Resort to Other Remedies | 481 |
105 Duty of Care of the Storer | 540 |
Comparative Notes | 546 |
A General Idea | 552 |
107 Conformity | 560 |
Right for storehouse to sell the good in case of failure to accept the good? | 566 |
C | 572 |
109 Duty to Give Account | 575 |
Comparative Notes | 579 |
Comparative Overview | 582 |
E Relation to PECL and Other Parts of the Principles | 588 |
112 Limitation of Liability | 591 |
E Relation to PECL and Other Parts of the Principles | 594 |
Limitation of liability in case of damage caused | 596 |
B Interests at Stake and Policy Considerations | 602 |
G Burden of Proof | 608 |
Design | 615 |
I | 619 |
102 Precontractual Duty of the Designer to Warn | 638 |
Comparative Notes | 641 |
103 Duty to Cooperate of the Client | 643 |
104 Duty of Care of the Designer | 650 |
Comments | 651 |
E Relation to PECL and Other Parts of the Principles | 654 |
105 Conformity | 662 |
F Burden of Proof | 667 |
106 Handing over of the Design | 670 |
Handing over of the design | 675 |
107 Duty of the Designer to Keep Records | 676 |
Information | 687 |
Basic Principles | 688 |
Terminology | 689 |
111 Variation of the Service Contract | 695 |
101 Scope of Application | 700 |
B Interests at Stake and Policy Considerations | 701 |
Regulation of information and advice | 707 |
Regulation of design contracts in the existing codeslaws 2 Standard conditions on design contracts | 712 |
102 Circumstances in which the Service Is to Be Performed | 714 |
A General Idea | 715 |
103 Duties of the Information Provider regarding Input | 720 |
104 Duty of Care of the Information Provider | 727 |
Comments | 728 |
F Character of the Rule | 733 |
105 Conformity | 746 |
107 Conflict of Interest | 759 |
108 Influence of Ability of the Client | 766 |
109 Causation | 772 |
Burden of proof on causation | 776 |
Treatment | 781 |
101 Scope of Application | 793 |
E Relation to PECL and Other Parts of the Principles | 796 |
102 Circumstances in which the service Is to Be performed | 802 |
103 Duties of the Treatment Provider regarding Input | 809 |
104 Duty of Care of the Treatment Provider | 816 |
Standard of care in medical experimentation | 829 |
105 Duty to Inform of the Treatment Provider | 836 |
Duty to inform about alternatives | 842 |
106 Duty to Inform in case of Unnecessary | 853 |
Comparative Overview | 855 |
National Notes | 856 |
108 Duty to Obtain Consent | 864 |
A General Idea | 865 |
109 Duty to Give Account | 875 |
Comparative Overview | 879 |
110 Remedies for NonPerformance | 891 |
F Character of the Rule | 897 |
Abbreviations | 903 |
Table of Codes and Statutes | 937 |
Table of UK Cases | 953 |
973 | |
1004 | |
Otras ediciones - Ver todas
Service Contracts Maurits Barendrecht,Chris Jansen,Marco Loos,Andrea Pinna,Rui Cascao,Stephanie van Gulijk Vista previa limitada - 2009 |
Principles of European Law: Service Contracts Maurits Barendrecht,Chris Jansen,Marco Loos,Andrea Pinna,Rui Cascao,Stephanie Van Gulijk Sin vista previa disponible - 2007 |
Términos y frases comunes
aanneming van werk ABGB accept accordance achieve advice adviser agreed apply Artikel AUSTRIA BELGIUM beställaren bewaarnemer breach building contract law Bull.civ burden of proof Cass.civ CC art circumstances claim clause construction constructor Contractual Duty damage default rules defects DENMARK design contracts dienstverlener duty of care duty to co-operate duty to inform duty to warn ENGLAND entitled envisaged FINLAND FRANCE GERMANY GREECE hotel-keeper Illustration imposed information provider ITALY Kunden l'article legal systems Limitation of Liability National Notes negligence NETHERLANDS niet non-conformity non-performance notify obligation of result opdrachtgever overeenkomst paragraph particular parties patient POLAND PORTUGAL pre-contractual duty prescription period present Article Principles of European processing contracts processor professional reasonable regarding Relation to PECL relevant remedies risk service contract service provider service provider’s situation SPAIN specific performance standard standard of care storage contract storehouse storer structure supply SWEDEN thing tjänsten treatment provider warn the client Werkvertrag zaak