Full Description
The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.
Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.
The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.
The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).
Contents
FOREWORD ; Preface ; TEXT OF THE RULES ; English ; Danish ; Dutch ; French ; German ; Italian ; Spanish ; INTRODUCTION ; TEXT, COMMENTS AND NATIONAL NOTES ; I COMMON RULES ; Article x:101: Definitions ; Article x:102: Scope ; Article x:103: Freedom of Contract ; Article x:104: Creditor's Acceptance ; Article x:105: Interpretation ; Article x:106: Co-debtorship for Purposes of Security ; Article x:107: Several Security Providers ; Article x:108: Rights After Performance by One or More of Several Security Providers ; Article x:109: Recourse Against the Debtor After Performance by One or More of Several Security Providers ; Article x:110: Subsidiary Application of Rules on Solidary Debtors ; II DEPENDENT PERSONAL SECURITIES (SURETYSHIP GUARANTEES) ; Article x:201: Presumption for Dependent Personal Security ; Article x:202: Terms and Extent of the Security Provider's Obligations ; Article x:203: Debtor's Defences Available to the Security Provider ; Article x:204: Coverage of Security ; Article x:205: Solidary Liability of Security Provider ; Article x:206: Subsidiary Liability of Security Provider ; Article x:207: Creditor's Obligations of Notification ; Article x:208: Time Limit for Resort to Security ; Article x:209: Limiting Security Without Time Limit for Secured Obligations ; Article x:210: Creditor's Liability ; Article x:211: Debtor's Relief for the Security Provider ; Article x:212: Security Provider's Obligations Before Performance ; Article x:213: Security Provider's Rights After Performance ; III INDEPENDENT PERSONAL SECURITIES (INDEMNITIES/INDEPENDENT GUARANTEES) ; Article x:301: Scope ; Article x:302: Security Provider's Obligations before Performance ; Article x:303: Independent Personal Security on First Demand ; Article x:304: Manifestly Abusive or Fraudulent Demand ; Article x:305: Security Provider's Right to Reclaim Performance ; Article x:306: Securities With or Without Time Limits ; Article x:307: Transfer of Security ; Article x:308: Security Provider's Rights After Performance ; IV SPECIAL RULES FOR PERSONAL SECURITIES BY PERSONS REQUIRING SPECIAL PROTECTION ; Article x:401: Scope of Application ; Article x :402 : Mandatory Provisions ; Article x:403: Creditor's Precontractual Obligation of Information ; Article x:404: Door-to-Door Security Transactions ; Article x:405: Form ; Article x:406: Nature of Security Provider's Liability ; Article x:407: Creditor's Obligation of Annual Information ; Article x:408: Limiting Security With Time Limit for Secured Obligations
