Common Core, Pecl and DCFR: Could They Change Shipping and Transport Law?

1. Auflage 2015
ISBN: 978-1-78068-332-4
Verlag: Intersentia Ltd

Buch, Englisch, 208 Seiten, Format (B × H): 237 mm x 177 mm, Gewicht: 408 g

Reihe: Ius Commune Europaeum

The international character of shipping and transport has always been a great incubator for harmonisation of law. Recently, there has been increasing interest within the EU in harmonisation of general private law, with different harmonisation instruments such as common core, PECL and DCFR coming into existence. Even though both shipping and transport law and the harmonisation instruments aim at further harmonisation of private law, the potential interplay between them has never been examined thoroughly in doctrine.In this book the possible impact of these private law harmonisation instruments on shipping and transport law is assessed. First of all the book investigates whether harmonisation instruments can contribute to uniformity of shipping and transport law in fields where such uniformity is currently lacking. Secondly, it looks at whether the current harmonisation instruments or a future European private law could change (inter)national shipping and transport law.This cross-fertilisation between shipping law and harmonisation instruments makes this book not only a valuable instrument for shipping lawyers, but also for anyone interested in harmonisation of private law.

Autoren/Hrsg.

Verheyen, Wouter

Smeele, Frank G. M.

Hoeks, Marian A. I. H.

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Privat- und Vertragsrecht

Inhaltsverzeichnis

Common Core, PECL and DCFR: Could They be Used to Interpret Shipping Law? (p. 1)
Principles and Rules of European Contract Law between the PECL and the DCFR (p. 15)
Can PECL Help with Vexing Issues of Maritime Law? Critical Reflections from the Example of the Rotterdam Rules (p. 27)
Good Faith, the DCFR and Shipping Law (p. 41)
Unexpected Circumstances in Shipping Contracts (p. 67)
Liability of the Maritime Carrier and the Shipper for Other Persons: Uniform Maritime Transport Rules vs. European Contract Law (p. 91)
Could the DCFR be an Answer to the Lack of Harmonization in the Field of Forwarding Law? – Legal Qualification (p. 105)
Harmonisation Instruments: the Way Forward for Forwarding Law? (p. 111)
Could the DCFR Change Shipping Law? The Potential Impact of the DCFR on Third Party Rights under Shipping Documents – A UK Perspective (p. 129)
The Effects of Principles of European Law on Non-Contractual Liability of Classification Societies (p. 153)
Towards a Euro-Maritime Contract Law? (p. 167)
Principles of European Insurance Contract Law and Marine Insurance (p. 179)
The Perspectives of English and European Contract Law to Agreed Damages Clauses in Voyage Charterparties (p. 195)