Service Contracts (PEL SC)
(Sprache: Englisch)
The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union is enormous. The European Commission recently estimated that services account for some 50%...
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The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union 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 - 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). A first chapter provides general provisions common to all service contracts. Representation services will be dealt with in a separate volume.
For each service contract, the principles aim at solving legal issues that arise as of 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.
The rules presented in this volume of "Principles of European Law" deal with service contracts. The economic importance of service contracts within the European Union 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 - 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). A first chapter provides general provisions common to all service contracts. Representation services will be dealt with in a separate volume.
For each service contract, the principles aim at solving legal issues that arise as of 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.
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). A first chapter provides general provisions common to all service contracts. Representation services will be dealt with in a separate volume.
For each service contract, the principles aim at solving legal issues that arise as of 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.
Inhaltsverzeichnis zu „Service Contracts (PEL SC) “
- Text of Articles- Principles of European Law on Service Contracts
- General Introduction
Chapter 1: General Provisions
- General Comments
- Relation to Other Parts of the Principles
- Article 1:101: Scope of Application
- Article 1:102: Price
- Article 1:103: Pre-contractual Duties to Warn
- Article 1:104: Duty to Co-operate
- Article 1:105: Circumstances in which the Service Is to Be Performed
- Article 1:106: Duties of the Service Provider regarding Input
- Article 1:107: General Standard of Care for Services
- Article 1:108: Result Stated or Envisaged by the Client
- Article 1:109: Directions of the Client
- Article 1:110: Contractual Duty of the Service Provider to Warn
- Article 1:111: Variation of the Service Contract
- Article 1:112: Remedies for Breach of Duties of the Service Provider
- Article 1:113: Failure to Notify for Non-Conformity
- Article 1:114: Limitation of Liability
- Article 1:115: Cancellation of the Service Contract
Chapter 2: Construction
- General Comments
- Relation to Other Parts of the Principles
- Article 2:101: Scope of Application
- Article 2:102: Duty to Co-operate of the Client
- Article 2:103: Duty of Care of the Constructor
- Article 2:104: Conformity
- Article 2:105: Inspection, Supervision and Acceptance
- Article 2:106: Handing over of the Structure
- Article 2:107: Payment of the Price
- Article 2:108: Risks
- Article 2:109: Specific Performance and Cure
- Article 2:110: Resort to Other Remedies
- Article 2:111: Prescription of Remedies based on Non-Conformity
Chapter 3: Processing
- General Comments
- Relation to Other Parts of the Principles
- Article 3:101: Scope of Application
- Article 3:102: Duty to Co-operate of the Client
- Article 3:103: Circumstances in which the Service Is to Be Performed
- Article 3:104: Duty of Care of the Processor
- Article 3:105: Conformity
- Article 3:106: Inspection and Supervision
- Article 3:107: Return of the Thing
- Article 3:108:
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Payment of the Price
- Article 3:109: Risks
- Article 3:110: Specific Performance and Cure
- Article 3:111: Resort to Other Remedies
- Article 3:112: Limitation of Liability
Chapter 4: Storage
- General Comments
- Relation to Other Parts of the Principles
- Article 4:101: Scope of Application
- Article 4:102: Pre-contractual Duty to Warn of the Client
- Article 4:103: Circumstances in which the Service Is to Be Performed
- Article 4:104: Duties of the Storer regarding Input
- Article 4:105: Duty of Care of the Storer
- Article 4:106: Return of the Thing
- Article 4:107: Conformity
- Article 4:108: Payment of the Price
- Article 4:109: Duty to Give Account
- Article 4:110: Risks
- Article 4:111: Remedies for Non-Conformity
- Article 4:112: Limitation of Liability
- Article 4:113: Liability of the Hotel-Keeper
Chapter 5: Design
- General Comments
- Relation to Other Parts of the Principles
- Article 5:101: Scope of Application
- Article 5:102: Pre-contractual Duty of the Designer to Warn
- Article 5:103: Duty to Co-operate of the Client
- Article 5:104: Duty of Care of the Designer
- Article 5:105: Conformity
- Article 5:106: Handing over of the Design
- Article 5:107: Duty of the Designer to Keep Records
- Article 5:108: Limitation of Liability
Chapter 6: Information
- General Comments
- Relation to Other Parts of the Principles
- Article 6:101: Scope of Application
- Article 6:102: Circumstances in which the Service Is to Be Performed
- Article 6:103: Duties of the Information Provider regarding Input
- Article 6:104: Duty of Care of the Information Provider
- Article 6:105: Conformity
- Article 6:106: Duty to Give Account
- Article 6:107: Conflict of Interest
- Article 6:108: Influence of Ability of the Client
- Article 6:109: Causation
Chapter 7: Treatment
- General Comments
- Relation to Other Parts of the Principles
- Article 7:101: Scope of Application
- Article 7:102: Circumstances in which the service Is to Be performed
- Article 7:103: Duties of the Treatment Provider regarding Input
- Article 7:104: Duty of Care of the Treatment Provider
- Article 7:105: Duty to Inform of the Treatment Provider
- Article 7:106: Duty to Inform in case of Unnecessary or Experimental Treatment
- Article 7:107: Exceptions to the Duty to Inform
- Article 7:108: Duty to Obtain Consent
- Article 7:109: Duty to Give Account
- Article 7:110: Remedies for Non-Performance
- Article 7:111: Central Liability of Treatment Providing Organisations
- Annexes
- Article 3:109: Risks
- Article 3:110: Specific Performance and Cure
- Article 3:111: Resort to Other Remedies
- Article 3:112: Limitation of Liability
Chapter 4: Storage
- General Comments
- Relation to Other Parts of the Principles
- Article 4:101: Scope of Application
- Article 4:102: Pre-contractual Duty to Warn of the Client
- Article 4:103: Circumstances in which the Service Is to Be Performed
- Article 4:104: Duties of the Storer regarding Input
- Article 4:105: Duty of Care of the Storer
- Article 4:106: Return of the Thing
- Article 4:107: Conformity
- Article 4:108: Payment of the Price
- Article 4:109: Duty to Give Account
- Article 4:110: Risks
- Article 4:111: Remedies for Non-Conformity
- Article 4:112: Limitation of Liability
- Article 4:113: Liability of the Hotel-Keeper
Chapter 5: Design
- General Comments
- Relation to Other Parts of the Principles
- Article 5:101: Scope of Application
- Article 5:102: Pre-contractual Duty of the Designer to Warn
- Article 5:103: Duty to Co-operate of the Client
- Article 5:104: Duty of Care of the Designer
- Article 5:105: Conformity
- Article 5:106: Handing over of the Design
- Article 5:107: Duty of the Designer to Keep Records
- Article 5:108: Limitation of Liability
Chapter 6: Information
- General Comments
- Relation to Other Parts of the Principles
- Article 6:101: Scope of Application
- Article 6:102: Circumstances in which the Service Is to Be Performed
- Article 6:103: Duties of the Information Provider regarding Input
- Article 6:104: Duty of Care of the Information Provider
- Article 6:105: Conformity
- Article 6:106: Duty to Give Account
- Article 6:107: Conflict of Interest
- Article 6:108: Influence of Ability of the Client
- Article 6:109: Causation
Chapter 7: Treatment
- General Comments
- Relation to Other Parts of the Principles
- Article 7:101: Scope of Application
- Article 7:102: Circumstances in which the service Is to Be performed
- Article 7:103: Duties of the Treatment Provider regarding Input
- Article 7:104: Duty of Care of the Treatment Provider
- Article 7:105: Duty to Inform of the Treatment Provider
- Article 7:106: Duty to Inform in case of Unnecessary or Experimental Treatment
- Article 7:107: Exceptions to the Duty to Inform
- Article 7:108: Duty to Obtain Consent
- Article 7:109: Duty to Give Account
- Article 7:110: Remedies for Non-Performance
- Article 7:111: Central Liability of Treatment Providing Organisations
- Annexes
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Bibliographische Angaben
- 2007, LX, 1034 Seiten, Maße: 24,5 cm, Gebunden, Englisch
- Prepared by Maurits Barendrecht, Chris Jansen, Marco Loos et. al.
- Verlag: Stämpfli Verlag
- ISBN-10: 3935808410
- ISBN-13: 9783935808415
Sprache:
Englisch
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