The landscape of European Sales Law is rapidly taking shape. In October 2011, the European Commission proposed a Common European Sales Law (CESL) to facilitate cross-border transactions between businesses and between businesses and consumers. It contains a complete sales law and provisions for the supply of digital content and purchase of related services. The Commentary analyses all 202 articles of the CESL, explains their function and doctrinal context and indicates the possible problems of their application. In doing so it offers a critical contribution to the legislative procedure and prepares practising lawyers, legal scholars and students for the use of the new European case law.
COBISS.SI-ID: 12667473
The author discusses the legal regulation of financial collaterals in Slovenian law and the selected topical issues in this field. The financial collaterals are increasingly used in all types of transactions and are an important pillar of the financial system. Their increased use also requires legal certainty. The European Commission answered this demand with the Directive 2002/47 on Financial Collateral Arrangements. The Directive was transposed to the Slovenian legal system with the Financial Collateral Act (FCA). The author discusses two major problems connected with the substantive legal issues regarding the enforcement of the financial collaterals. The Directive and the FCA emphasize the necessity of rapid and non-formalistic enforcement procedures in order to safeguard the financial stability and limit contagion effects in case of a default of a party to a financial collateral arrangement. The author recognized some difficulties in realization of the sale fulfilled by the collateral taker. The special regulation of the financial collaterals also allows the appropriation of the financial instruments in case of the default. In this case author found some obstacles for its realization.
COBISS.SI-ID: 12308561
European contract law is going through a very exciting development phase. The author presents the concept of European contract law, its background, as well as some basic features of the existing European legislation in this field, mainly regulating particular aspects of contractual relations between businesses and consumers. Acquis communautaire evolved without a systematic framework, characteristic for most national contract law systems. It has several shortcomings and inconsistencies. The Commission of the EC is planning to improve it with the current project called the Common Frame of Reference (CFR), which, as it seems, should be a kind of non-binding »tool-box«, a manual on European contract law, primarily for European legislator. The author discusses the making, the structure and the contents of the CFR and its recently published draft, the so called DCFR, as well as the possibilities of its use, especially as regards the possible optional instrument in the future. Included is a short comment on the most recent Commission’s proposal – a directive aimed at maximum harmonisation of selected aspects of consumer contract law.
COBISS.SI-ID: 12469329
The law of foreign investment is at a crossroads. In the wake of an unprecedented global financial crisis and a sharp surge of investment arbitration cases, States around the world are reflecting on the pros and cons of the current liberal investment regime and exploring new ways ahead. This book brings together leading investment lawyers from more than 20 main jurisdictions around the world to tackle the challenge of producing a first comparative study of foreign investment law. Part I of the book presents an overview of key aspects of foreign investment protection in the world today, including admission, investment contracts, treatment standards, tax regime and incentives, performance requirement, property and expropriation, monetary transfer, and dispute settlement. Part II presents in-depth and detailed accounts of the investment laws of more than 20 jurisdictions. The study has identified three main themes of recent development in foreign investment protection, namely harmonisation, balancing and socialisation. It concludes that the paradigm of international investment law has been shifting from a north–south divide to a private–public debate, and that the future development of international investment law will most likely lead to a multilateral investment agreement (MIA) effectuating a balanced liberal investment regime.
COBISS.SI-ID: 12408401
This is the first systematic comparative study into how consumer alternative dispute resolution (ADR) systems work, the differing national architectures within which they operate, and how they can be improved. It describes ADR schemes in selected countries, as well as emerging pan-EU dispute resolution schemes. The use of techniques of mediation, conciliation, and adjudication are noted. The book also covers EU measures on consumer ADR, and the 2011 proposals for legislation on ADR and online dispute resolution. Data on volume, cost, and duration of ADR schemes are compared, both between different systems and with courts. The findings underpin EU and national developments, and outline options for future policy. Proposals are included for the functions, scope, performance, essential requirements, architecture, and operation of ADR systems. The relationships between ADR, courts, and regulators are discussed, and the need for reforms are noted.
COBISS.SI-ID: 12651601