Product Line | Kluwer Law International |
|---|---|
ISBN-13 | 9789403532189 |
Availability | Ships in 3-5 Business Days |
Last Updated | 2024-06-21 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in the Netherlands covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations.
An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.
Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in the Netherlands will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.
The Author
References
Preface to the First Edition (1995)
Preface to the Second Edition
Preface to the Third Edition
Preface to the Fourth Edition
Preface to the Fifth Edition
General Introduction
Chapter 1. The General Background of the Country
Chapter 2. Distinction Between Public Law and Private Law
Chapter 3. Distinction Between Civil Law and Commercial Law
Introduction to the Law of Contracts
Chapter 1. Definition of a Contract
Chapter 2. Historical Background of the Law of Contracts
Chapter 3. Classification of Contracts
Chapter 4. Contract and Tort
Chapter 5. Contracts and Quasi-Contracts
Chapter 6. Contract and Trust
Chapter 7. Contract and the Law of Property
Chapter 8. Good Faith and Fair Dea
Chapter 9. Style of Drafting
Chapter 10. Sources of the Law of Contract
Part I. General Principles of the Law of Contract
Chapter 1. Formation
Part II. Conditions of Substantive Validity
Chapter 1. Substantive Validity
Chapter 2. Annulment, Nullity
Part III. The Contents of a Contract
Chapter 1. Express and Implied Terms
Chapter 2. Interpretation
Chapter 3. Conditional Contracts
Part IV. Contracts and Third Persons
Chapter 1. Privity of Contract: Contract for the Benefit of a Third Party
Chapter 2. Transmission of Contractual Rights
Chapter 3. The Special Case of a ‘Subcontract’: For Example, the Contract with a Subcontractor
Chapter 4. Actio Pauliana
Part V. The End of the Contract
Chapter 1. Performance and Breach
Chapter 2. Impossibility, Hardship and Frustration
Chapter 3. Discharge by Agreement
Part VI. Remedies
Chapter 1. Remedies
Chapter 2. Damages and Exemption Clauses
Chapter 3. Restitution
Part VII. Special Topics
Introduction
Chapter 1. Agency
Chapter 2. Deposit
Chapter 3. Sale of Goods
Chapter 4. Building Contracts
Chapter 5. Lease
Chapter 6. The Settlement Contract
Chapter 7. Suretyship
Chapter 8. Pledge
Chapter 9. Contracts with the Government and Other Public Administrations
Chapter 10. Quasi-Contracts
Selected Bibliography
Annex: Table of Contents of the Books 3 and 6 of the Dutch Civil Code
Index
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