Studies of the Oxford Institute of European and Comparative Law is a series published by Hart Publishing which presents the research conducted at the Institute.

The 25th volume in the series is The Code Napoléon Rewritten: French Contract Law after the 2016 Reforms, edited by John Cartwright and Simon Whittaker.

The provisions of the French Civil Code governing the law of obligations remained largely unchanged since 1804 and have served as the model for civil codes across the world. In 2016, the French Government effected major reforms of the provisions on the law of contract, the general regime of obligations and proof of obligations. This book explores in detail the most interesting new provisions on French contract law in a series of essays by French lawyers and comparative lawyers working on French law and other civil law systems. The book is one of the publications which will result from the research project on Reform of the French Law of Obligations, developed within the IECL by John Cartwright and Simon Whittaker.

The list of contributors can be found here.

 

 

 

 

The 24th volume in the series is The Future of Contract Law in Latin America edited by Rodrigo Momberg and Stefan Vogenauer. The book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law.

The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach.

The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

A full list of contributors can be found here.

 

In September 2015 the Institute of European and Comparative Law organised a two-day conference at which speakers and participants investigated the nature, purpose and development of general principles of law. The conference celebrated the 20th anniversary of the Institute. The 23rd volume of Studies of the Oxford Institute of European and Comparative Law series entitled General Principles of Law: European and Comparative Perspectives, edited by Stefan Vogenauer and Stephen Weatherill, is the outcome of the conference.

Examining general principles of law provides one of the most instructive examples of the intersection between EU law and comparative law. This collection draws on the expertise of high-profile and distinguished scholars to provide a critical examination of this interaction. It shows how general principles of EU law need to be responsive to national laws. In addition, it is clear that the laws of the Member States have no choice but to be responsive to the general principles which are developed through EU law. Viewed through the perspective of proportionality, legal certainty, and fundamental rights, the dynamic relationship between the ingenuity of the Court of Justice, the legislative process and the process of Treaty revision is comprehensively illustrated.

A full list of contributions can be found here.

 

The 22nd volume in the series is Passing Wealth on Death. Will-Substitutes in Comparative Perspective, edited by Alexandra Braun and Anne Röthel. Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much as been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfer on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of tranfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

A list of contributors can be found here.

 

The Images of the Consumer in EU Law, edited by Dorota Leczykiewicz and Stephen Weatherill, is the 21st book in the Series. This book consists of contributions exploring from different perspectives the ‘images’ of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent and whether EU law’s engagement with consumer-related considerations is sincere, or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures and explore the significance of these issues for the EU’s legislative and judicial process.

A list of contributors can be found here.

 


Online Markets and Offline Welfare Effects. A selection of papers presented at the conference organised by the Centre for Competition Law and Policy, held on 22 May 2017


 

Draft Ordonnance for the Reform of the Law of Contract, the General Regime of Obligations, and Proof of Obligations. Translation of the proposed new text by J. Cartwright, B. Fauvarque-Cosson and S. Whittaker


 

Trends in Retail Competition: Report of the 13th Annual Symposium on Competition Amongst Retailers and Suppliers. Report of the symposium held in June 2017


 

European Legal Studies is a series of volumes edited jointly with the European Legal Studies Institute, Osnabrück, the Molengraaff Institute, Utrecht, the Amsterdam Institute for Private Law, and the Institut für Zivilrecht, Ausländisches und Internationales Privatrecht, Graz.