基本説明
New in paperback. Hardcover was published in 2002. The emergence of a European private law is a key legal issue today. Set-off and "extinctive" prescription are neglected topics in comparative literature. Zimmermann maps out a model for a common European approach, providing practical examples of the arguments that may be employed in the process of harmonizing European private law.
Full Description
The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.
Contents
Preface; Abbreviations; Introduction: towards a restatement of the European law of obligations; 1. Contours of a European law of set-off; 2. Liberative prescription I: the core regime; 3. Liberative prescription II: additional issues.
