“It stands alone in its field not only due to its comprehensive coverage, but also its original methodology.” - American Journal of Comparative Law (review of the 1st edition)Volume 3 of this new edition deals with the transnationalisation of contract law. It compares common law and civil law concepts, noting the origin of the one in commercial law and of the other in consumer law, and identifies the different attitudes to protection, risk management and risk distribution.The volume also explores future directions in international commerce and finance, as well as the potential, effects, and challenges of e-commerce, blockchain, and the emergence of the smart contract.This magisterial work is made up of six volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.
Jan H Dalhuisen is Professor of Law at King's College London, UK, and Chair in Transnational Financial Law at the Catholic University of Portugal in Lisbon.
Part 1: General1. Introduction2. Formation of Contracts in Civil and Common Law3. The Normative Interpretation Technique in Practice: The Civil Law Notion of Good Faith, the Common Law Alternatives, Liberal Interpretation and the Role of Other Sources of Private Law4. Performance of the Contract, Defences, Default, Excuses, Termination5. Privity of Contract6. The UNIDROIT and European PECL. The Vienna Convention and UCC Compared. The DCFR in the EU and the Draft EU Regulation on a CESLPart 2: Contracts for the International Sale of Goods1. The Main Aspects of the International Sale of Goods2. Ancillary Arrangements in International Sales. The Role of Intermediaries and Documents3. The Uniform International Sales Laws. The Vienna Convention or CISGPart 3: Contractual Agency1. The General Notion of Agency2. International Aspects of Agency