Izvorni znanstveni članak
LEGAL REMEDIES FOR NON-PERFORMANCE OF CONTRACT IN EUROPEAN PRIVATE LAW - PERSPECTIVES FOR HARMONIZATION AND THE CREATION OF THE COMMON LEGAL FRAME -
Ana Keglević
; Pravi fakultet Sveučilišta u Zagrebu
Sažetak
The paper analyses the prevalence and the characteristics of the system of remedies for non-performance of contract in the various European union law sources. The main task is to determine whether already existing rules may be abstracted and generalized and than put into coherent set of rules, thus creating a common legal frame. Remedies for the breach of contract are a useful category for the harmonization and unification of European private law. The need for harmonization, not just of the substance of the rules, but also terminology and technical terms could promote a common understanding of the issue amongst various legal orders. Thus, the key question is could the common set of rules on the remedies for the breach of contract be a useful category for the harmonization of the European private (contract) law?
Ključne riječi
European private law; contract law; harmonization; unification; PECL; DCFR; CESL; CISG; UNIDROIT PICC; breach of contract; specific performance; price reduction; termination; damage; interests; hierarchy and cumulation of legal remedies
Hrčak ID:
119382
URI
Datum izdavanja:
19.12.2013.
Posjeta: 3.352 *