PEL SC.

Portada
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 â?? 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.
 

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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
108 Duty to Obtain Consent
24
E Relation to PECL and Other Parts of the Principles
453
108 Payment of the Price
461
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
Comparative Notes
484

Dutch
26
French
53
German
77
Swedish
102
General Introduction
127
General Comments
131
I
133
Relation to Other Parts of the Principles
137
G Relation to the Principles of European Law on Commercial
146
Comparative Notes
148
National Notes
149
102 Price
153
Preferred Option
156
Character of the Rule
157
Comparative Overview
169
104 Duty to Cooperate
182
The clients specific duties to cooperate under a service contract
191
105 Circumstances in which the Service Is to Be Performed
196
B Interests at Stake and Policy Considerations
197
B Interests at Stake and Policy Considerations
204
L
207
Comparative Notes
210
107 General Standard of Care for Services
216
G Burden of Proof
221
National Notes
224
M
225
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
111 Remedies for NonConformity
277
G Character of the Rule
278
The duty to notify of the client in specific contract law
285
114 Limitation of Liability
288
E Relation to PECL and Other Parts of the Principles
291
115 Cancellation of the Service Contract
300
The right of the client to cancel the service in specific contract law
305
Construction
309
Terminology
311
102 Price
313
110 Contractual Duty of
317
115 Cancellation of the Service Contract
319
E Relation to PECL and PELS
323
F Design by the Client or the Constructor
324
National Notes
326
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
Obligation to Inspect the Finalised Structure?
357
106 Handing over of the Structure
366
Moment of Payment of the Price
375
Comments
377
109 Specific Performance and Cure
385
E Restrictions to the Right to Cure
388
110 Resort to Other Remedies
391
3
401
Relation to Other Parts of the Principles
404
109 Directions of the Client
407
Relation to Chapters 2 Construction and 4 Storage
410
G Character of the Rule
417
102 Duty to Cooperate of the Client
421
Preferred Option
422
G The Distinction between Information and Advice
423
E Relation to PECL and Other Parts of the Principles
435
G No Breach of Duty of Care when Warned
437
105 Conformity
446
F Scope of Application of the Rules
448
408
450
106 Inspection and Supervision
451
G Character of the Rule
492
Storage
495
D
497
B Interests at Stake and Policy Considerations
507
Design and Supervision
513
Place in existing codeslaws
516
Regulation of information and advice
518
102 Precontractual Duty to Warn of the Client
522
Character of the Rule
525
B Interests at Stake and Policy Considerations
529
A General Idea
533
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
A General Idea
571
109 Duty to Give Account
575
Comparative Notes
589
112 Limitation of Liability
591
410
613
Design
615
Regulation of design contracts in the existing codeslaws Standard conditions on design contracts
618
102 Precontractual Duty of the Designer to Warn
638
F Character of the Rule
640
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
412
680
Information
687
Basic Principles
688
691
693
101 Scope of Application
700
102 Circumstances in which the Service Is to Be Performed
714
A General Idea
715
103 Duties of the Information Provider regarding Input
720
359
725
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
365
780
Treatment
781
Relation to Chapter 6 Information
792
101 Scope of Application
793
E Relation to PECL and Other Parts of the Principles
796
367
800
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
108 Duty to Obtain Consent
864
A General Idea
865
109 Duty to Give Account
875
Comparative Overview
879
110 Remedies for NonPerformance
891
413
894
Abbreviations
903
368
906
414
937
371
943
Table of UK Cases
953
Index
973

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