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M. Jansen, A. Poissonnet, S. Rook, Y. Zhang
This article focuses on the practical problem of the battle of forms. Standard form contractual terms are part of everyday business life. In the majority of circumstances, a business expects the consumer simply to accept its standard form. This form then becomes the binding contract. However, the situation is more complicated when both parties adopt the same stance, with each side attempting to gainsay the other by replying to a standard set of terms and conditions with a set of its own. Thisproblem has been subjected to varying legal analyses across the European jurisdictions with very different results. This article critically examines and contrasts the solutions favoured by representatives of three major legal traditions in French, Dutch and English law. Through this it hopes to shed light on the essential question of the possibilities of harmonisation in this area of contract law.
Verdieping | Studentartikeljuli 2007AA20070566
M.W. Hesselink, J.W. Rutgers
ECJ Cases on European Contract Law contains the main cases of the European Court of Justice in the area of contract law.
9789069165905 - 01-08-2006
G. Low
Gary Low successfully defended his PhD thesis European Contract Law between the Single Market and the Law Market: A Behavioural Perspective at Maastricht University on 2 December 2011. His promotor was J.M. Smits. In this article he discusses his conclusions.
Literatuur | Proefschriftbijdragedecember 2012AA20120960
M. Sichert
In deze derde bijdrage bij de reeks over European Contract Law wordt het Duitse, Engelse en Franse recht inzake onvoorziene omstandigheden vergeleken met art. 2.117 van de Principles of European Contract Law (EP).
Verdieping | Studentartikeljuni 1994AA19940413
D. Busch, E.H. Hondius, H.J. van Kooten, H.N. Schelhaas, W.M. Schrama
This publication is the first to provide a systematic overview of the Principles of European Contract Law in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessable.
9789069164229 - 01-06-2002
In recent times, the issue of harmonisation in the European legal context has provided much debate. In this article, we closely examine the possibilities of harmonisation in the area of European contract law, an area of law as important because of the fundamental nature of its legal principles to any legal system as for the vital role it plays in producing a seamless cross-border transactional market. This article deals with the issue of the duty of good faith in pre-contractual negotiations, taking as its starting point the key Dutch case of CBB/JPO. Are the efforts of parties in negotiating wasted, if no final contract is formed? If not, what are the implications and bases of a principle awarding remedies in such a situation? This article is the first of a series of two. Each of the articles in the series focuses on a different area of contract law. However, both deal with areas in which there is marked disagreement between the various European legal jurisdictions. Moreover, they will both have as their focus a two-fold question: first, what is the most ideal legal position to adopt; and secondly, what difficulties may be encountered both doctrinally and practically if that ideal position is to become the applicable standard in all European jurisdictions. Vegl: CBB/JPO Hoge Raad 12 augustus 2005
Verdieping | Studentartikeljuni 2007AA20070487
ECJ Cases on European Contract Law contains the main cases of the European Court of Justice in the area of contract law. 
Gary Low successfully defended his PhD thesis European Contract Law between the Single Market and the Law Market: A Behavioural Perspective at Maastricht University on 2 December 2011. His promotor was J.M. Smits. In this article he discusses his conclusions. 
This publication is the first to provide a systematic overview of the Principles of European Contract Law in comparison with Dutch contract law as a whole. The book is concise and because of its structure it is easily accessable. 
