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Regional focus/area studies

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Simultaneity and successiveness in contracting

Article Abstract:

The Principles of European Contract Law (the Lando Principles) in relation to contract conclusion in Article 2:211, which could not be analyzed into offer and acceptance, is reviewed. The doctrine of simultaneity suggest that a bilateral contract is concluded when both parties manifest their agreement to be contractually bound by coordinated acts of active or passive (continuing) consent.

Author: Lucke, H.K.
Publisher: Aspen Publishers, Inc.
Publication Name: European Review of Private Law
Subject: Regional focus/area studies
ISSN: 0928-9801
Year: 2007
Germany

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Parsimony in contract law-the case of the potestative condition

Article Abstract:

The article examines whether the principle of parsimony can be applied in contract law by which one should restrict the number of entities or concepts and constructs required to explain something as it will help in reducing ambiguities and redundancies. The theory is tested on potestative conditions and it is concluded that the concept is superfluous and should therefore be rejected.

Author: De Coninck, Julie
Publisher: Aspen Publishers, Inc.
Publication Name: European Review of Private Law
Subject: Regional focus/area studies
ISSN: 0928-9801
Year: 2007
Europe, Evaluation, Justice, Administration of, Administration of justice, Commercial law

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Reversing ubi remedium ibi jus in the common law: the right of privacy

Article Abstract:

The right of privacy is used as an example to demonstrate the placement of various remedies, ubi remedium ibi jus, in the common law.

Author: O'Callaghan, Patrick
Publisher: Aspen Publishers, Inc.
Publication Name: European Review of Private Law
Subject: Regional focus/area studies
ISSN: 0928-9801
Year: 2007
England, Privacy, Right of, Right of privacy, Torts

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Subjects list: Interpretation and construction, Laws, regulations and rules, Government regulation, Contracts, Common law, Law overview
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