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Comparative foundations european law set off剑桥大学法律法学Cambridge University Press 1-精选.doc

2023-09-14 来源:意榕旅游网
Comparative foundations european law set off剑桥大学法律法学Cambridge

University Press 1

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COMPARATIVE FOUNDATIONS OFA EUROPEAN LAW OF SET-OFFAND PRESCRIPTIONThe emergence of a European private law is one of the great issueson the legal agenda of our time. Among the most prominent initia-tives furthering this process is the work of the Commission on Euro-pean Contract Law (Lando Commission). The essays collected inthis volume have their origin within this context. They explore twopractically very important topics which have hitherto been largelyneglected in comparative legal literature: set-off and extinctive pre-scription (or limitation of actions). Professor Zimmermann lays thecomparative foundations for a common approach which may pro-vide the basis for a set of European

principles.Atthesametime,theessaysprovidepracticalexamplesoftheargu-ments that can be employed in the process of harmonizing Europeanprivate law on a rational basis: they consider the comparative expe-riences in the various modern legal systems, they explore the extentto which there is a common core of values, rules and concepts, theyexplain existing differences and they analyse the direction in whichthe international development is heading.The introduction to the present volume discusses the terms ofreference of the Lando Commission that has set itself the task ofelaborating a restatement of European contract law and places itswork within the wider context of the Europeanization of private law.reinhard zimmermann is Professor of Law at the Universityof Regensburg. Among his many publications are The Law ofObligations: Roman Foundations of the Civilian Tradition (1990/1996) and Roman Law, Contemporary Law, European Law: TheCivilian Tradition Today (2001). Co-edited volumes include GoodFaith in European Contract Law (2000) and A History of PrivateLaw in Scotland (2000).

COMPARATIVE FOUNDATIONS OFA EUROPEAN LAW OFSET-OFF AND PRESCRIPTIONREINHARD ZIMMERMANNUniversity of Regensburg

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