International reservation of title clauses between legal certainty and flexibility : a study of Dutch, French and German Private International Law in the light of European Law

Defence date: 22 June 1998Supervisor: C. JoergesPDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 201

International Reservation of Title Clauses : A study of Dutch, French, and German private international law in the light of European law

The rules of substantive law relating to the reservation of title clause differ from country to country. This book addresses problems which may arise if a reservation of title clause is employed within international transactions, especially transactions between Germany, France, and the Netherlands. The author seeks the solution in private international law, since other means of addressing the problem, such as harmonization and unification of substantive law rules, have failed so far. This book is strong in its analysis of the various conflict of laws solutions and pioneering in how it deals with the question of the extent to which rules of private international law in this field must be in compliance with European law. The consequences of the various modes in which such compliance may be achieved are carefully analysed. This study is an important contribution to the understanding of European integration in a hitherto relatively neglected subject area.--Preface --List of abbreviations --Introduction --1. Substantive law --1.1 Dutch substantive law --1.2 German substantive law --1.3 French substantive law --1.4 Conclusions --2. Private international law and international jurisdiction --2.1 Introduction --2.2 International jurisdiction rules --2.3 Dutch private international law --2.4 German private international law --2.5 French private international law --2.6 Conclusions --3. The influence of European law on the conflict rules governing a reservation of title clause --3.1 Introduction --3.2 Private international law and the four freedoms --3.3 The applicable provision of the EC treaty --3.4.1 The scope of Article 30 --3.5 Exceptions to the free movement of goods --3.6 Mutual recognition --3.7 Conclusions --4. Conclusions --Table of cases --Bibliography --IndexPublished version of EUI PhD thesis, 199

Cases, materials and text on contract law

This is the second edition of the widely acclaimed and successful casebook on Contract in the Ius Commune Series, developed to be used throughout Europe and aimed at those who teach, learn or practise law with a comparative or European perspective. The book contains leading cases, legislation and other materials from the legal traditions within Europe, with a focus on English, French and German law as the main representatives of those traditions. The book contains the basic texts and contrasting cases as well as extracts from the various international restatements (the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the Draft Common Frame of Reference and so on). Materials are chosen and ordered so as to foster comparative study, and complemented with annotations and comparative overviews prepared by a multinational team. The whole Casebook is in English.The principal subjects covered in this book include: General (including the distinctions between Contract and Property, Tort and Restitution); Formation; Validity; Interpretation and Contents; Remedies; Supervening Events; and Third Parties.Please click on the link below to visit the series website:www. casebooks.eu/contractLaw

Cases, materials and text on contract law.

Previous ed.: 2002.Includes bibliographical references and index