The Interaction of Contract Law and Tort and Property Law in Europe

The Interaction of Contract Law and Tort and Property Law in Europe

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Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.Art.122 (1), dealing with the annual percentage of rate (APR), establishes that it shall be the total cost of the credit ... Finally, article 123 (2) confers the Credit Committee the power to specify the cases in which the APR may be stated by way of a representative example where there ... and financial intermediaries grant consumers an overdraft facility not associated with the use of a credit card shall contain, anbsp;...

Title:The Interaction of Contract Law and Tort and Property Law in Europe
Author: Christian von Bar, Ulrich Drobnig
Publisher:Walter de Gruyter - 2004-01-01

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