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Principles of European Law: Service Contracts [Kõva köide]

Edited by , Edited by , Edited by , Edited by , Edited by , Edited by (Professor at the Katholieke Universiteit Brabant, Tilburg)
  • Formaat: Hardback, 1096 pages, kõrgus x laius x paksus: 240x160x58 mm, kaal: 1747 g
  • Sari: European Civil Code Series
  • Ilmumisaeg: 22-Feb-2007
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199296006
  • ISBN-13: 9780199296002
  • Formaat: Hardback, 1096 pages, kõrgus x laius x paksus: 240x160x58 mm, kaal: 1747 g
  • Sari: European Civil Code Series
  • Ilmumisaeg: 22-Feb-2007
  • Kirjastus: Oxford University Press
  • ISBN-10: 0199296006
  • ISBN-13: 9780199296002
The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market.

Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanization of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law.

The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model.

The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).
Foreword vii
Our Sponsors xi
Preface to this volume xiii
Text of Articles
English Service Contracts
3(23)
Dutch Dienstverleningsovereenkomsten
26(27)
French Contrats de Service
53(24)
German Vertrage uber Dienstleistungen
77(25)
Swedish Avtal om Tjanster
102(25)
Principles of European Law on Service Contracts
General Introduction
General
127(1)
Economic Importance
127(1)
Relation to General Contract Law (PECL)
127(2)
Mainly Default Rules: Some Mandatory Protection
129(1)
Structure of this Part: General and Specific Rules
129(1)
External Relationship not Dealt with
129(1)
Member States Investigated
130(1)
General Provisions
General Comments
General Idea
131(1)
Scope of Application
132(1)
Basic Principles
133(2)
Terminology
135(1)
Sources
135(2)
Relation to Other Parts of the Principles
Relation to the Principles of European Contract Law
137(1)
Relation to the Principles of European Sales Law and the Principles of European Law on Commercial Agency, Franchising and Distribution Contracts
137(1)
Relation to
Chapters 2 to 7 of this Part of the Principles
137(2)
Character of the Rules
139(1)
Article 1:101: Scope of Application
Comments
General Idea
140(2)
Interests at Stake and Policy Considerations
142(1)
Comparative Overview
142(1)
Preferred Option
143(1)
Relation to PECL and Other Parts of the Principles
143(1)
Relation to the Principles of European Sales Law
143(3)
Relation to the Principles of European Law on Commercial Agency, Franchising and Distribution Contracts
146(1)
Relation to Other
Chapters of the Principles of European Law on Service Contracts
147(1)
Character of the Rule
147(1)
Remedies
148(1)
Comparative Notes
Legal qualification of (PELSC) services in (specific) contract law
148(1)
National Notes
Legal qualification of PELSC services in (specific) contract law
149(5)
Article 1:102: Price
Comments
General Idea
154(1)
Interests at Stake and Policy Considerations
155(1)
Comparative Overview
155(1)
Preferred Option
156(1)
Relation to PECL and Other Parts of the Principles
156(1)
Relation to Other
Chapters of this Part of the Principles
157(1)
Burden of Proof
157(1)
Character of the Rule
157(1)
Remedies
157(1)
Comparative Notes
The service provider is entitled to payment of a price
158(1)
Determination of price according to service contract law
158(1)
National Notes
The service provider is entitled to payment of a price
159(1)
Determination of price according to service contract law
160(3)
Article 1:103: Pre-contractual Duties to Warn
Comments
General Idea
163(4)
Interests at Stake and Policy Considerations
167(2)
Comparative Overview
169(1)
Preferred Option
169(3)
Relation to PECL and Other Parts of the Principles
172(1)
Relation to Other
Chapters of this Part of the Principles
172(4)
Burden of Proof
176(1)
Character of the Rule
176(1)
Remedies
177(1)
Comparative Notes
Pre-contractual duties to warn in (services) contract law
178(1)
National Notes
Pre-contractual duties to warn in (services) contract law
179(4)
Article 1:104: Duty to Co-operate
Comments
General Idea
183(3)
Interests at Stake and Policy Considerations
186(1)
Comparative Overview
187(1)
Preferred Option
188(1)
Relation to PECL and Other Parts of the Principles
189(1)
Relation to Other
Chapters of this Part of the Principles
189(1)
Character of the Rule
190(1)
Remedies
190(1)
Comparative Notes
The client's specific duties to co-operate under a service contract
191(1)
The service provider's duty to co-operate
192(1)
National Notes
The client's specific duties to co-operate under a service contract
192(3)
The service provider's duty to co-operate
195(1)
Article 1:105: Circumstances in which the Service Is to Be Performed
Comments
General Idea
196(1)
Interests at Stake and Policy Considerations
197(1)
Comparative Overview
198(1)
Preferred Option
198(1)
Relation to PECL and Other Parts of the Principles
199(1)
Relation to Other
Chapters of this Part of the Principles
199(1)
Character of the Rule
199(1)
Remedies
200(1)
Comparative Notes
The duty of the service provider to take into account the circumstances in which the service has to be performed
201(1)
Article 1:106: Duties of the Service Provider regarding Input
Comments
General Idea
202(2)
Interests at Stake and Policy Considerations
204(1)
Comparative Overview
205(1)
Preferred Option
205(1)
Relation to PECL and Other Parts of the Principles
206(1)
Relation to Other
Chapters of this Part of the Principles
207(1)
Character of the Rule
207(1)
Remedies
208(2)
Comparative Notes
Performance of the service through subcontractors
210(1)
Quality of tools and materials used in the course of the service
210(1)
National Notes
Performance of the service through subcontractors
211(3)
Quality of tools and materials used in the course of the service
214(2)
Article 1:107: General Standard of Care for Services
Comments
General Idea
216(2)
Interests at Stake and Policy Considerations
218(1)
Comparative Overview
219(1)
Preferred Option
220(1)
Relation to PECL and Other Parts of the Principles
220(1)
Relation to Other
Chapters of this Part of the Principles
220(1)
Burden of Proof
221(1)
Character of the Rule
221(1)
Remedies
221(2)
Comparative Notes
The duty of care of the service provider in (specific) contract law
223(1)
National Notes
The duty of care of the service provider in (specific) contract law
224(2)
Article 1:108: Result Stated or Envisaged by the Client
Comments
General Idea
226(3)
Interests at Stake and Policy Considerations
229(1)
Comparative Overview
230(1)
Preferred Option
230(1)
Relation to PECL and Other Parts of the Principles
231(1)
Relation to Other
Chapters of this Part of the Principles
231(1)
Burden of Proof
231(1)
Character of the Rule
232(1)
Remedies
232(1)
Comparative Notes
The duty of the service provider to achieve the specific result stated or envisaged by the client at the time of the conclusion of the contract
233(1)
National Notes
The duty of the service provider to achieve the specific result stated or envisaged by the client at the time of the conclusion of the contract
233(3)
Article 1:109: Directions of the Client
Comments
General Idea
236(1)
Interests at Stake and Policy Considerations
237(1)
Comparative Overview
238(1)
Preferred Option
239(1)
Relation to PECL and Other Parts of the Principles
240(1)
Relation to Other
Chapters of this Part of the Principles
240(1)
Character of the Rule
241(1)
Remedies
241(1)
Comparative Notes
The duty of the service provider to follow the client's directions
242(1)
Disculpation of the service provider in the event of inadequate directions of the client
243(1)
National Notes
The duty of the service provider to follow the client's directions
243(1)
Disculpation of the service provider in the events of inadequate directions of the client
244(3)
Article 1:110: Contractual Duty of the Service Provider to Warn
Comments
General Idea
247(1)
Interests at Stake and Policy Considerations
248(2)
Comparative Overview
250(1)
Preferred Option
250(2)
Relation to PECL and Other Parts of the Principles
252(1)
Relation to Other
Chapters of this Part of the Principles
252(1)
Burden of Proof
252(1)
Character of the Rule
252(1)
Remedies
253(2)
Comparative Notes
The Contractual duty to warn of the service provider in (specific) contract law
255(1)
Consequences in case of breach of the duty to warn
255(1)
National Notes
The contractual duty to warn of the service provider in (specific) contract law
256(2)
Consequences in case of breach of the duty to warn
258(2)
Article 1:111: Variation of the Service Contract
Comments
General Idea
260(4)
Interests at Stake and Policy Considerations
264(1)
Comparative Overview
265(1)
Preferred Option
266(1)
Relation to PECL and Other Parts of the Principles
266(1)
Relation to Other
Chapters of this Part of the Principles
267(1)
Burden of Proof
268(1)
Character of the Rule
268(1)
Remedies
Comparative Notes
External cost-increasing circumstances and (specific) contract law
268(1)
Change of the service ordered by the client
269(1)
National Notes
External cost-increasing circumstances and (specific) contract law
269(3)
Change of the service ordered by the client
272(3)
Article 1:112: Remedies for Breach of Duties of the Service Provider
Comments
General Idea
275(1)
Interests at Stake and Policy Considerations
276(1)
Comparative Overview
276(1)
Preferred Option
277(1)
Relation to PECL and Other Parts of the Principles
277(1)
Relation to Other
Chapters of this Part of the Principles
277(1)
Character of the Rule
278(1)
Remedies
278(1)
Comparative Notes
Article 1:113: Failure to Notify for Non-Conformity
Comments
General Idea
278(2)
Interests at Stake and Policy Considerations
280(1)
Comparative Overview
281(1)
Preferred Option
281(1)
Relation to PECL and Other Parts of the Principles
282(1)
Relation to Other
Chapters of this Part of the Principles
282(1)
Character of the Rule
283(1)
Remedies
283(2)
Comparative Notes
The duty to notify of the client in (specific) contract law
285(1)
Consequences in case of failure to notify
285(1)
National Notes
The duty to notify of the client in (specific) contract law
285(2)
Consequences in case of failure to notify
287(1)
Article 1:114: Limitation of Liability
Comments
General Idea
288(1)
Interests at Stake and Policy Considerations
289(1)
Comparative Overview
289(1)
Preferred Option
290(1)
Relation to PECL and Other Parts of the Principles
291(1)
Relation to Other
Chapters of this Part of the Principles
291(1)
Burden of Proof
291(1)
Character of the Rule
292(1)
Remedies
292(1)
Comparative Notes
Limitation or exclusion of liability for death or personal injury
292(1)
Limitation or exclusion of liability for damage other than death or personal injury
293(1)
National Notes
Limitation or exclusion of liability for death or personal injury
294(1)
Limitation or exclusion of liability for damage other than death or personal injury
295(5)
Article 1:115: Cancellation of the Service Contract
Comments
General Idea
300(1)
Interests at Stake and Policy Considerations
301(1)
Comparative Overview
302(1)
Preferred Option
302(1)
Relation to PECL and Other Parts of the Principles
303(1)
Relation to Other
Chapters of this Part of the Principles
303(1)
Burden of Proof
303(1)
Character of the Rule
303(1)
Remedies
303(1)
Comparative Notes
The right of the client to cancel the service in (specific) contract law
304(1)
Consequences in case of cancellation of the service by the client
304(1)
National Notes
The right of the client to cancel the service in (specific) contract law
305(1)
Consequences in case of cancellation of the service by the client
306(3)
Construction
General Comments
General Idea
309(1)
Scope of Application
309(1)
Basic Principles
309(2)
Terminology
311(1)
Sources of the Rules
311(1)
Relation to Other Parts of the Principles
Relation to the Principles of European Contract Law (PECL) in General
312(1)
Relation to Article 7:102 PECL (Time of Performance)
312(1)
Relation to
Chapter 1 (General Provisions): General Remark
313(1)
Relation to Article I:102 (Price)
313(1)
Relation to Article I:103 (Pre-contractual Duties to Warn)
314(1)
Relation to Article I:105 (Circumstances in which the Service Is to Be Performed)
315(1)
Relation to Article I:106 (Duties of the Service Provider regarding Input)
316(1)
Relation to Article I:109 (Directions of the Client)
316(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warn)
317(1)
Relation to Article I:111 (Variation of the Service Contract)
317(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
318(1)
Relation to Article I:113 (Failure to Notify for Non-Conformity)
318(1)
Relation to Article I:114 (Limitation of Liability)
319(1)
Relation to Article I:115 (Cancellation of the Service Contract)
319(1)
Relation to Other
Chapters on Specific Services: Design and Processing
319(1)
Relation to the Principles of European Sales Law (PELS)
320(1)
Character of the Rules
321(1)
Article 2:101: Scope of Application
Comments
General Idea
321(1)
Interests at Stake and Policy Considerations
322(1)
Comparative Overview
322(1)
Preferred Option
322(1)
Relation to PECL and PELS
323(1)
Design by the Client or the Constructor
324(1)
Construction Work on Existing Immovables or Processing?
324(1)
Character of the Rule
325(1)
Remedies
325(1)
Comparative Notes
Scope of the Rules on Construction
325(3)
Standard Conditions
328
National Notes
Scope of the Rules on Construction
326(2)
Standard Conditions
328(1)
Article 2:102: Duty to Co-operate of the Client
Comments
General Idea
329(1)
Interests at Stake and Policy Considerations
330(1)
Comparative Overview
330(1)
Preferred Option
331(1)
Relation to PECL and Other Parts of the Principles
331(1)
Other Issues for Co-operation
331(1)
Character of the Rule
332(1)
Remedies
332(1)
Comparative Notes
Duty to Co-operate in General
332(1)
Duty to Give Access
332(1)
National Notes
Duty to Co-operate in General
332(2)
Duty to Give Access
334(1)
Article 2:103: Duty of Care of the Constructor
Comments
General Idea
335(1)
Interests at Stake and Policy Considerations
335(1)
Comparative Overview
336(1)
Preferred Option
336(1)
Relation to PECL and Other Parts of the Principles
336(1)
Nuisance
337(1)
Burden of Proof
337(1)
Character of the Rules
337(1)
Remedies
337(1)
Comparative Notes
General Standard of Care
337(1)
Prevention of damage to (the existing part of the structure) and to other persons and goods
338(1)
National Notes
General Standard of Care
338(2)
Prevention of damage to (the existing part of the structure) and to other persons and goods
340(1)
Article 2:104: Conformity
Comments
General Idea
341(1)
Interests at Stake and Policy Considerations
342(1)
Comparative Overview
343(1)
Preferred Option
344(1)
Relation to PECL and Other Parts of the Principles
345(1)
Terminology
346(1)
Relying on Incompetence?
346(1)
Specific Purpose
347(1)
Burden of Proof
348(1)
Character of the Rule
348(1)
Remedies
348(1)
Comparative Notes
Fitness for purpose
348(1)
National Notes
Fitness for purpose
349(3)
Article 2:105: Inspection, Supervision and Acceptance
Comments
General Idea
352(1)
Interests at Stake and Policy Considerations
353(1)
Comparative Overview
354(1)
Preferred Option
354(1)
Relation to PECL and Other Parts of the Principles
354(1)
Constructor Relying on the Knowledge of the Client or Supervisor
355(1)
Burden of Proof
356(1)
Character
356(1)
Remedies
357(1)
Comparative Notes
Right to Supervise and Inspect During the Performance of the Service?
357(1)
Obligation to Inspect the Finalised Structure?
357(1)
Liability for Defects not noticed during Inspection
357(1)
Inadequate Performance of Agreed Duty to Supervise: Defence or Contributory Negligence?
358(1)
National Notes
Right to Supervise and Inspect During the Performance of the Service?
359(1)
Obligation to Inspect the Finalised Structure?
360(2)
Liability for Defects not Noticed during Inspection
362(3)
Inadequate Performance of Agreed Duty to Supervise: Defence or Contributory Negligence?
365(2)
Article 2:106: Handing over of the Structure
Comments
General Idea
367(1)
Interests at Stake and Policy Considerations
367(1)
Comparative Overview
368(1)
Preferred Option
369(1)
Relation to PECL and Other Parts of the Principles
370(1)
Burden of Proof
370(1)
Character
370(1)
Remedies
370(1)
Comparative Notes
Procedure of Handing over of the Structure: Delivery and Acceptance
371(1)
National Notes
Procedure of Handing over of the Structure: Delivery and Acceptance
371(2)
Article 2:107: Payment of the Price
Comments
General Idea
373(1)
Interests at Stake and Policy Considerations
374(1)
Comparative Overview
374(1)
Preferred Option
374(1)
Relation to PECL and Other Parts of the Principles
375(1)
Character of the Rule
375(1)
Remedies
375(1)
Comparative Notes
Moment of Payment of the Price
375(1)
National Notes
Moment of Payment of the Price
376(1)
Article 2:108: Risks
Comments
General Idea
377(1)
Interests at Stake and Policy Considerations
378(1)
Comparative Overview
378(1)
Preferred Option
379(1)
Relation to PECL and Other Parts of the Principles
380(1)
Burden of Proof
380(1)
Character of the Rule
380(1)
Remedies
381(1)
Comparative Notes
General System of Risk
381(1)
Risk as to Materials and Goods Provided by Other Party
381(1)
National Notes
General System of Risk
381(3)
Risk as to Materials and Goods Provided by Other Party
384(2)
Article 2:109: Specific Performance and Cure
Comments
General Idea
386(1)
Interests at Stake and Policy Considerations
387(1)
Comparative Overview
387(1)
Preferred Option
387(1)
Restrictions to the Right to Cure
388(1)
Relation to PECL and Other Parts of the Principles
389(1)
Character of the Rule
389(1)
Remedies
389(1)
Comparative Notes
Specific Performance
389(1)
National Notes
Specific Performance
390(1)
Article 2:110: Resort to Other Remedies
Comments
General Idea
391(1)
Interests at Stake and Policy Considerations
392(1)
Comparative Overview
392(1)
Preferred Option: Exceptions to the Right to Termination
392(1)
Relation to PECL and Other Parts of the Principles
392(1)
Character of the Rule
393(1)
Remedies
393(1)
Comparative Notes
Right to Cure
393(1)
National Notes
Right to Cure
393(2)
Article 2:111: Prescription of Remedies based on Non-Conformity
Comments
General Idea
395(1)
Interests at Stake and Policy Considerations
395(1)
Comparative Overview
395(1)
Preferred Option
396(1)
Relation to PECL and Other Parts of the Principles
396(1)
Character of the Rule
396(1)
Remedies
397(1)
Comparative Notes
Limitation Period for Actions based on Defects
397(1)
National Notes
Limitation Period for Actions based on Defects
397(4)
Processing
General Comments
General Idea
401(1)
Scope of Application of this
Chapter
401(1)
Basic Principles
401(2)
Terminology
403(1)
Sources
403(1)
Relation to Other Parts of the Principles
Relation to Principles of European Contract Law (PECL) in General
404(1)
Relation to
Chapter 1 (General Provisions) of the Principles of European Law on Service Contracts (PELSC) in General
405(1)
Relation to Article I:102 (Price)
405(1)
Relation to Article I:103 (Pre-contractual Duties to Warn)
406(1)
Relation to Article I:106 (Duties of the Service Provider regarding Input)
407(1)
Relation to Article I:109 (Directions of the Client)
407(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warn)
407(2)
Relation to Article I:111 (Variation of the Service Contract)
409(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
409(1)
Relation to Article I:113 (Failure to Notify for Non-Conformity)
410(1)
Relation to Article I:115 (Cancellation of the Service Contract)
410(1)
Relation to
Chapters 2 (Construction) and 4 (Storage)
410(2)
Relation to Principles of European Law on Sales (PELS)
412(1)
Mandatory of Default Rule
412(1)
Article 3:101: Scope of Application
Comments
General Idea
413(1)
Interests at Stake and Policy Considerations
413(1)
Comparative Overview
414(1)
Preferred Option
414(1)
Relation to PECL and Other Parts of the Principles
414(1)
Scope of Application of the Rules
415(2)
Character of the Rule
417(1)
Remedies
417(1)
Comparative Notes
Place in existing codes/statutes/case law
417(1)
Application to immovable and movable goods?
417(1)
Application of rules to gratuitous processing services
418(1)
National Notes
Place in existing codes/statutes/case law
418(1)
Application to immovable and movable goods?
419(1)
Application of rules to gratuitous processing services
420(1)
Article 3:102: Duty to Co-operate of the Client
Comments
General Idea
421(1)
Interests at Stake and Policy Considerations
421(1)
Comparative Overview
422(1)
Preferred Option
422(1)
Relation to PECL and Other Parts of the Principles
422(1)
Specific Duties to Co-operate for Processing Contracts
423(1)
Burden of Proof
423(1)
Character of the Rule
423(1)
Remedies
423(1)
Comparative Notes
Client's obligation to hand over (the control over) the good or give access to the good on time
424(1)
National Notes
Client's obligation to hand over (the control over) the good or give access to the good on time
424(2)
Article 3:103: Circumstances in which the Service Is to Be Performed
Comments
General Idea
426(1)
Interests at Stake and Policy Considerations
426(1)
Comparative Overview
427(1)
Preferred Option
427(1)
Relation to PECL and Other Parts of the Principles
428(1)
Specific Duty as to Existing Circumstances in Processing Contracts
428(1)
Burden of Proof
429(1)
Character of the Rule
429(1)
Remedies
429(1)
Comparative Notes
Processor's duty to collect information and to investigate the good
429(1)
Duty to warn for specific dangers
430(1)
National Notes
Processor's duty to collect information and to investigate the good
430(1)
Duty to warn for specific dangers
431(2)
Article 3:104: Duty of Care of the Processor
Comments
General Idea
433(1)
Interests at Stake and Policy Considerations
433(1)
Comparative Overview
434(1)
Preferred Option
434(1)
Relation to PECL and Other Parts of the Principles
435(2)
Prevention of Occurrence of Damage to the Thing
437(1)
No Breach of Duty of Care when Warned
437(1)
Infliction of Damage Needed for Proper Performance of Contract
438(1)
Prevention of Damage Caused by External Events
438(1)
Occurrence of Personal Injury or Damage to Other Things
439(1)
Burden of Proof
439(1)
Character of the Rule
439(1)
Remedies
439(1)
Comparative Notes
Standard of care
440(1)
Liability if damage to good occurs, unless warned or inevitable
440(1)
Liability in case of damage to other goods of the client
441(1)
National Notes
Standard of care
441(2)
Liability if damage to good occurs, unless warned or inevitable
443(1)
Liability in case of damage to other goods of the client
444(2)
Article 3:105: Conformity
Comments
General Idea
446(1)
Interests at Stake and Policy Considerations
446(1)
Comparative Overview
447(1)
Preferred Option
447(1)
Relation to PECL and Other Parts of the Principles
447(1)
Burden of Proof
448(1)
Character of the Rule
448(1)
Remedies
449(1)
Comparative Notes
Process normally leading to result in conformity with contract: obligation of result or means
449(1)
National Notes
Process normally leading to result in conformity with contract: obligation of result or means
449(2)
Article 3:106: Inspection and Supervision
Comments
General Idea
451(1)
Interests at Stake and Policy Considerations
451(1)
Comparative Overview
452(1)
Preferred Option
452(1)
Relation to PECL and Other Parts of the Principles
453(1)
Burden of Proof
453(1)
Character of the Rule
453(1)
Remedies
453(1)
Comparative Notes
Right to inspect
454(1)
National Notes
Right to inspect
454(2)
Article 3:107: Return of the Thing
Comments
General Idea
456(1)
Interests at Stake and Policy Considerations
456(1)
Comparative Overview
457(1)
Preferred Option
457(1)
Relation to PECL and Other Parts of the Principles
458(1)
Burden of Proof
458(1)
Character of the Rule
459(1)
Remedies
459(1)
Comparative Notes
Acceptance of the return of the good: consequences for claim for non-performance
459(1)
National Notes
Acceptance of the return of the good: consequences for claim for non-performance
460(2)
Article 3:108: Payment of the Price
Comments
General Idea
462(1)
Interests at Stake and Policy Considerations
462(1)
Comparative Overview
462(1)
Preferred Option
463(1)
Relation to PECL and Other Parts of the Principles
463(1)
Long-Term Processing Contract
463(1)
Burden of Proof
464(1)
Character of the Rule
464(1)
Remedies
464(1)
Comparative Notes
Moment when payment is due
464(1)
National Notes
Moment when payment is due
464(3)
Article 3:109: Risks
Comments
General Idea
467(1)
Interests at Stake and Policy Considerations
468(1)
Comparative Overview
468(1)
Preferred Option
468(1)
Relation to PECL and Other Parts of the Principles
469(1)
Risks in the Case of Destruction or Deterioration of the Thing in Processing Contracts
470(1)
Burden of Proof
471(1)
Character of the Rule
471(1)
Remedies
471(1)
Comparative Notes
General system of risk
471(1)
National Notes
General system of risk
472(2)
Article 3:110: Specific Performance and Cure
Comments
General Idea
474(1)
Interests and Policy Considerations
474(1)
Comparative Overview
474(1)
Preferred Option
475(1)
Relation to PECL and Other Parts of the Principles
475(2)
Restrictions to Right to Cure
477(1)
Period for Specific Performance and Cure
477(1)
Burden of Proof
477(1)
Character of the Rule
478(1)
Remedies
478(1)
Comparative Notes
Specific performance in processing contracts
478(1)
Processor has right to cure the defect?
478(1)
National Notes
Specific performance in processing contracts
479(1)
Processor has right to cure the defect?
480(1)
Article 3:111: Resort to Other Remedies
Comments
General Idea
481(1)
Interests and Policy Considerations
482(1)
Comparative Overview
482(1)
Preferred Option
482(1)
Relation to PECL and Other Parts of the Principles
482(1)
Burden of Proof
483(1)
Character of the Rule
483(1)
Remedies
483(1)
Comparative Notes
Price reduction and termination
484(1)
Damages
484(1)
National Notes
Price reduction and termination
484(2)
Damages
486(1)
Article 3:112: Limitation of Liability
Comments
General Idea
487(1)
Interests at Stakes and Policy Considerations
488(1)
Comparative Overview
489(1)
Preferred Option
489(1)
Relation to PECL and Other Parts of the Principles
490(1)
Burden of Proof
491(1)
Character of the Rule
492(1)
Remedies
492(1)
Comparative Notes
Limitation of the processor's liability to the processor's fee or to a fixed amount
492(1)
National Notes
Limitation of the processor's liability to the processor's fee or to a fixed amount
493(2)
Storage
General Comments
General Idea
495(1)
Scope of Application
495(1)
Basic Principles
496(1)
Terminology
497(1)
Sources of the Rules
498(1)
Relation to Other Parts of the Principles
Relation to Principles of European Contract Law (PECL) in General
499(1)
Relation to Article I:202 PECL (Duty to Co-Operate)
499(1)
Relation to
Chapter 1 of Principles of European Law on Service Contracts (PELSC) in General
500(1)
Relation to Article I:102 (Price)
500(1)
Relation to Article I:104 (Duty to Co-operate)
501(1)
Relation to Article I:109 (Directions of the Client)
502(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warm)
502(1)
Relation to Article I:111 (Variation of the Service Contract)
503(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
503(1)
Relation to Article I:113 (Failure to Notify for Non-Conformity)
504(1)
Relation to Article I:115 (Cancellation of the Service Contract)
504(1)
Relation to Construction and Processing, and International Conventions on Transportation
505(1)
Mandatory or Default Rule
505(1)
Article 4:101: Scope of Application
Comments
General Idea
506(1)
Interests at Stake and Policy Considerations
507(1)
Comparative Overview
508(1)
Preferred Option
509(2)
Relation to PECL and Other Parts of the Principles
511(1)
Scope of Application of the Rules
511(2)
Character of the Rule
513(1)
Remedies
514(1)
Comparative Notes
Place in existing codes/laws
514(1)
Handing over of good required for conclusion of contract?
514(1)
Gratuitous and remunerated contracts
515(1)
Application or exclusion of storage rules in specific cases
515(1)
Application to other duties to store
515(1)
National Notes
Place in existing codes/laws
516(1)
Handing over of good required for conclusion of contract?
517(1)
Application of rules to gratuitous services
518(1)
Application or exclusion of storage rules in specific cases
519(1)
Application to other duties to store
520(2)
Article 4:102: Pre-contractual Duty to Warn of the Client
Comments
General Idea
522(1)
Interests at Stake and Policy Considerations
522(1)
Comparative Overview
523(1)
Preferred Option
523(1)
Relation to PECL and Other Parts of the Principles
523(2)
Burden of Proof
525(1)
Character of the Rule
525(1)
Remedies
525(1)
Comparative Notes
Client's obligation to warn for specific dangers and consequences of breach thereof
526(1)
National Notes
Client's obligation to warn for specific dangers and consequences of breach thereof
526(2)
Article 4:103: Circumstances in which the Service Is to Be Performed
Comments
General Idea
528(1)
Interests at Stake and Policy Considerations
529(1)
Comparative Overview
529(1)
Preferred Option
530(1)
Relation to PECL and Other Parts of the Principles
530(1)
Burden of Proof
531(1)
Character of the Rule
531(1)
Remedies
531(1)
Comparative Notes
Storehouse's obligation to collect information and to investigate the good
531(1)
National Notes
Storehouse's obligation to collect information and to investigate the good
532(1)
Article 4:104: Duties of the Storer regarding Input
Comments
General Idea
533(1)
Interests at Stake and Policy Considerations
534(1)
Comparative Overview
535(1)
Preferred Option
535(1)
Relation to PECL and Other Parts of the Principles
536(1)
Burden of Proof
536(1)
Character of the Rule
537(1)
Remedies
537(1)
Comparative Notes
Location for execution of the service
537(1)
Subcontracting
537(1)
National Notes
Location for execution of the service
538(1)
Subcontracting
539(1)
Article 4:105: Duty of Care of the Storer
Comments
General Idea
540(1)
Interests at Stake and Policy Considerations
541(1)
Comparative Overview
542(1)
Preferred Option
542(1)
Relation to PECL and Other Parts of the Principles
542(3)
Burden of Proof
545(1)
Character of the Rule
545(1)
Remedies
545(1)
Comparative Notes
Precautionary measures to prevent deterioration or destruction of the good
546(1)
Excuses and burden of proof
546(1)
Use of good by storehouse
546(1)
National Notes
Precautionary measures, excuses and burden of proof
547(3)
Use of good by storehouse
550(2)
Article 4:106: Return of the Thing
Comments
General Idea
552(1)
Interests at Stake and Policy Considerations
553(1)
Comparative Overview
554(1)
Preferred Option
554(1)
Relation to PECL and Other Parts of the Principles
555(1)
Burden of Proof
556(1)
Character of the Rule
557(1)
Remedies
557(1)
Comparative Notes
Condition of the good upon return; burden of proof in case of damage
557(1)
National Notes
Condition of the good upon return; burden of proof in case of damage
557(3)
Article 4:107: Conformity
Comments
General Idea
560(1)
Interests at Stake and Policy Considerations
561(1)
Comparative Overview
561(1)
Preferred Option
562(1)
Relation to PECL and Other Parts of the Principles
562(2)
Burden of Proof
564(1)
Character of the Rule
564(1)
Remedies
564(1)
Comparative Notes
Storehouse's obligation to return the good within reasonable time after request
565(1)
Client's obligation to accept the return of the good
565(1)
Right for storehouse to sell the good in case of failure to accept the good?
566(1)
Fruits of the good
566(1)
National Notes
Storehouse's obligation to return the good within reasonable time after request
566(2)
Client's obligation to accept the return of the good
568(1)
Right for storehouse to sell the good in case of failure to accept the good?
569(1)
Fruits of the good
570(1)
Article 4:108: Payment of the Price
Comments
General Idea
571(1)
Interests at Stake and Policy Considerations
571(1)
Comparative Overview
572(1)
Preferred Option
572(1)
Relation to PECL and Other Parts of the Principles
572(1)
Burden of Proof
573(1)
Character of the Rule
573(1)
Remedies
573(1)
Comparative Notes
Moment when payment is due
573(1)
Storehouse's right of retention in case of non-payment
573(1)
National Notes
Moment when payment is due
574(1)
Storehouse's right of retention in case of non-payment
574(1)
Article 4:109: Duty to Give Account
Comments
General Idea
575(1)
Interests at Stake and Policy Considerations
576(1)
Comparative Overview
576(1)
Preferred Option
577(1)
Relation to PECL and Other Parts of the Principles
578(1)
Burden of Proof
578(1)
Character of the Rule
578(1)
Remedies
578(1)
Comparative Notes
Storehouse's obligation to inform of condition of good and precautions to be taken
579(1)
National Notes
Storehouse's obligation to inform of condition of good and precautions to be taken
579(2)
Article 4:110: Risks
Comments
General Idea
581(1)
Interests at Stake
582(1)
Comparative Overview
582(1)
Preferred Option
582(1)
Relation to PECL and Other Parts of the Principles
583(1)
Risks in the Case of Destruction of or Damage to the Thing in Storage Contracts
584(1)
Burden of Proof
584(1)
Character of the Rule
585(1)
Remedies
585(1)
Comparative Notes
Specific performance in storage contracts
585(1)
National Notes
Specific performance in storage contracts
585(1)
Article 4:111: Remedies for Non-Conformity
Comments
General Idea
586(1)
Interests at Stake and Policy Considerations
586(1)
Comparative Overview
587(1)
Preferred Option
587(1)
Relation to PECL and Other Parts of the Principles
588(1)
Burden of Proof
588(1)
Character of the Rule
588(1)
Remedies
589(1)
Comparative Notes
Price reduction and termination
589(1)
Damages
589(1)
National Notes
Price reduction and termination
589(1)
Damages
590(1)
Article 4:112: Limitation of Liability
General Idea
591(2)
Interests at Stake and Policy Considerations
593(1)
Comparative Overview
593(1)
Preferred Option
593(1)
Relation to PECL and Other Parts of the Principles
594(1)
Burden of Proof
595(1)
Character of the Rule
596(1)
Remedies
596(1)
Comparative Notes
Limitation of liability in case of damage caused intentionally or grossly negligent
596(1)
Limitation in commercial cases
596(1)
Limitation in consumer cases
597(1)
National Notes
Limitation of liability?
597(3)
Article 4:113: Liability of the Hotel-Keeper
Comments
General Idea
600(2)
Interests at Stake and Policy Considerations
602(1)
Comparative Overview
603(1)
Preferred Option
604(2)
Relation to PECL and Other Parts of the Principles
606(1)
Relation to the Convention on the Liability of Hotel-Keepers concerning the Property of Their Guests
607(1)
Burden of Proof
608(1)
Character of the Rule
608(1)
Remedies
608(1)
Comparative Notes
Application of storage rules to hotel-keepers
608(1)
Specific limitations to the hotel-keeper's liability
609(1)
Specific right to withhold return of goods for hotel-keeper
609(1)
National Notes
Application to hotel-keepers and other providers of places of temporary private residence
609(2)
Specific limitations to the hotel-keeper's liability
611(1)
Specific right to withhold return of goods for hotel-keeper
612(3)
Design
General Comments
615(3)
General Idea
615(1)
Scope of Application
615(1)
Basic Principles
616(1)
Terminology
617(1)
Sources of the Rules
617(1)
Relation to Other Parts of the Principles
Relation to
Chapter 1 of the Principles of European Contract Law (PECL) in General
618(1)
Relation to Article I:102 (Price)
618(1)
Relation to Article I:105 (Circumstances in which the Service Is to Be Performed)
619(1)
Relation to Article I:106 (Duties of the Service Provider regarding Input)
620(1)
Relation to Article I:109 (Directions of the Client)
621(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warn)
622(1)
Relation to Article I:111 (Variation of the Service Contract)
623(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
624(1)
Relation to Article I:113 (Failure to Notify for Non-Conformity)
625(1)
Relation to Article I:115 (Cancellation of the Service Contract)
626(1)
Relation to other
Chapters of the Principles of European Law on Service Contracts (PELSC) in General
627(1)
Character of the Rules
627(1)
Article 5:101: Scope of Application
Comments
General Idea
628(1)
Interests at Stake and Policy Considerations
628(1)
Comparative Overview
629(1)
Preferred Option
629(1)
Relation to PECL and Other Parts of the Principles
630(1)
Design and Construction
630(1)
Design and Supervision
631(1)
Character of the Rule
632(1)
Remedies
633
Comparative Notes
Regulation of design contracts in the existing codes/laws
631(1)
Standard conditions on design contracts
632(1)
National Notes
Regulation of design contracts in the existing codes/laws
633(3)
Standard conditions on design contracts
636(2)
Article 5:102: Pre-contractual Duty of the Designer to Warn
Comments
General Idea
638(1)
Interests at Stake and Policy Considerations
638(1)
Comparative Overview
639(1)
Preferred Option
639(1)
Relation to PECL and other Parts of the Principles
639(1)
Character of the Rule
640(1)
Remedies
641(1)
Comparative Notes
Pre-contractual duty to warn
641(1)
National Notes
Pre-contractual duty to warn
642(1)
Article 5:103: Duty to Co-operate of the Client
Comments
General Idea
643(1)
Interests at Stake and Policy Consideration
644(1)
Comparative Overview
644(1)
Preferred Option
644(1)
Relation to PECL and Other Parts of the Principles
645(1)
Character of the Rule
646(1)
Remedies
646(1)
Comparative Notes
Duty to co-operate of the client in design contracts
646(1)
Specific regulation on the employment of experts
647(1)
National Notes
Duty to co-operate of the client in design contracts
647(2)
Specific regulation on the employment of experts
649(2)
Article 5:104: Duty of Care of the Designer
Comments
General Idea
651(1)
Interests at Stake and Policy Consideration
652(1)
Comparative Overview
653(1)
Preferred Option
653(1)
Relation to PECL and Other Parts of the Principles
654(1)
Character of the Rules
655(1)
Remedies
655(1)
Comparative Notes
Duty of care of the designer
655(1)
Specific rules on the duty of care
656(1)
National Notes
Duty of care of the designer
657(2)
Specific rules on the duty of care
659(3)
Article 5:105: Conformity
Comments
General Idea
662(1)
Interests at Stake and Policy Considerations
663(2)
Comparative Overview
665(1)
Preferred Option
665(1)
Relation to PECL and Other Parts of the Principles
666(1)
Burden of Proof
667(1)
Character of the Rule
667(1)
Remedies
667(1)
Comparative Notes
Conformity of the design
667(1)
National Notes
Conformity of the design
668(2)
Article 5:106: Handing over of the Design
Comments
General Idea
670(1)
Interests at Stake and Policy Consideration
671(1)
Comparative Overview
671(1)
Preferred Option
672(1)
Relation to PECL and Other Parts of the Principles
672(1)
Burden of Proof
673(1)
Character of the Rule
673(1)
Remedies
674(1)
Comparative Notes
Handing over of the design
674(1)
National Notes
Handing over of the design
675(2)
Article 5:107: Duty of the Designer to Keep Records
Comments
General Idea
677(1)
Interests at Stake and Policy Considerations
677(1)
Comparative Overview
678(1)
Preferred Option
678(1)
Relation to PECL and Other Parts of the Principles
678(1)
Character of the Rule
678(1)
Remedies
679(1)
Comparative Notes
Duty to keep records
679(1)
National Notes
Duty to keep records
679(1)
Article 5:108: Limitation of Liability
Comments
General Idea
680(1)
Interests at Stake and Policy Considerations
681(1)
Comparative Overview
681(1)
Preferred Option
682(1)
Relation to PECL and Other Parts of the Principles
682(1)
Burden of Proof
683(1)
Character of the Rule
683(1)
Remedies
683(1)
Comparative Notes
Limitation of the designer's liability
683(1)
National Notes
Limitation of the designer's liability
684(3)
Information
General Comments
General Idea
687(1)
Scope of Application
687(1)
Basic Principles
688(1)
Terminology
689(1)
Sources of the Rules
689(1)
Relation to Other Parts of the Principles
Relation to the Principles of European Contract Law (PECL) in General
690(1)
Relation to
Chapter 1 (General Provisions): General Remark
690(1)
Relation to Article I:102 (Price)
690(1)
Relation to Article I:103 (Pre-contractual Duties to Warn)
691(1)
Relation to Article I:104 (Duty to Co-operate)
692(1)
Relation to Article I:109 (Directions of the Client)
693(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warn)
694(1)
Relation to Article I:111 (Variation of the Service Contract)
695(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
695(3)
Relation to Article I:113 (Failure to Notify for Non-Conformity)
698(1)
Relation to Article I:114 (Limitation of Liability)
699(1)
Relation to Article I:115 (Cancellation of the Service Contract)
699(1)
Character of the Rules
700(1)
Article 6:101: Scope of Application
Comments
General Idea
700(1)
Interests at Stake and Policy Considerations
701(1)
Comparative Overview
702(1)
Preferred Option
703(1)
Relation to PECL and Other Parts of the Principles
703(1)
Relation to Other
Chapters of the Principles of European Law on Service Contracts in General
704(1)
The Distinction between Information and Advice
705(1)
Character of the Rule
706(1)
Remedies
706(1)
Comparative Notes
Definition of information and advice
706(1)
Regulation of information and advice
707(1)
National Notes
Definition of information and advice
707(3)
Regulation of information and advice
710(5)
Article 6:102: Circumstances in which the Service Is to Be Performed
Comments
General Idea
715(1)
Interests at Stake and Policy Considerations
716(1)
Comparative Overview
716(1)
Preferred Option
717(1)
Relation to PECL and Other Parts of the Principles
717(1)
Character of the Rule
718(1)
Remedies
718(1)
Comparative Notes
Duty of the information provider to ascertain the needs of the client and duty to co-operate of the client
718(1)
National Notes
Duty of the information provider to ascertain the needs of the client and duty to co-operate of the client
718(2)
Article 6:103: Duties of the Information Provider regarding Input
Comments
General Idea
720(1)
Interests at Stake and Policy Considerations
721(1)
Comparative Overview
721(1)
Preferred Option
722(1)
Relation to PECL and Other Parts of the Principles
723(1)
Character of the Rule
724(1)
Remedies
724(1)
Comparative Notes
Duty to have and to collect expert knowledge
724(1)
National Notes
Duty to have and to collect expert knowledge
724(4)
Article 6:104: Duty of Care of the Information Provider
Comments
General Idea
728(1)
Interests at Stake and Policy Considerations
729(2)
Comparative Overview
731(1)
Preferred Option
732(1)
Relation to PECL and Other Parts of the Principles
732(1)
Character of the Rule
733(1)
Remedies
734(1)
Comparative Notes
Obligation of means or obligation of result
734(1)
Determination of the standard of care
734(1)
Obligation to mention risks and alternatives
734(1)
Alternatives the service provider cannot provide himself
735(1)
National Notes
Obligation of means or obligation of result
735(3)
Determination of the standard of care
738(3)
Obligation to mention risks and alternatives
741(3)
Alternatives the service provider cannot provide himself
744(2)
Article 6:105: Conformity
Comments
General Idea
746(1)
Interests at Stake and Policy Considerations
747(1)
Comparative Overview
747(1)
Preferred Option
748(1)
Relation to PECL and Other Parts of the Principles
749(1)
Distinction between Evaluative and Factual Information
749(1)
Character of the Rule
750(1)
Remedies
751(1)
Notes
751(1)
Article 6:106: Duty to Give Account
Comments
General Idea
751(1)
Interests at Stake and Policy Considerations
752(1)
Comparative Overview
753(1)
Preferred Option
753(1)
Main and Ancillary Obligations to Inform
753(1)
Character of the Rule
754(1)
Remedies
754(1)
Comparative Notes
Burden of proof on breach of duty
755(1)
National Notes
Burden of proof on breach of duty
755(4)
Article 6:107: Conflict of Interest
Comments
General Idea
759(1)
Interests at Stake and Policy Considerations
760(1)
Comparative Overview
761(1)
Preferred Option
761(1)
Relation to PECL and Other Parts of the Principles
762(1)
Character of the Rule
762(1)
Remedies
762(1)
Comparative Notes
Conflict of interest in advice and information contracts
763(1)
National Notes
Conflict of interest in advice and information contracts
763(3)
Article 6:108: Influence of Ability of the Client
Comments
General Idea
766(1)
Interests at Stake and Policy Considerations
767(1)
Comparative Overview
768(1)
Preferred Option
768(1)
Relation to PECL and Other Parts of the Principles
769(1)
Character of the Rule
770(1)
Remedies
770(1)
Comparative Notes
Influence of the ability of the client on the service to be provided
770(1)
National Notes
Influence of the ability of the client on the service to be provided
771(1)
Article 6:109: Causation
Comments
General Idea
772(1)
Interests at Stake and Policy Considerations
773(1)
Comparative Overview
774(1)
Preferred Option
774(1)
Relation to PECL and Other Parts of the Principles
775(1)
Character of the Rule
776(1)
Remedies
776(1)
Comparative Notes
Burden of proof on causation
776(1)
National Notes
Burden of proof on causation
776(5)
Treatment
General Introduction
General Idea
781(1)
Scope of Application
781(1)
Basic Principles
782(3)
Terminology
785(1)
Sources and Scope of Application of the Rules
786(1)
Relation to Other Parts of the Principles
Relation to the Principles of European Contract Law (PECL) in General
786(1)
Relation to Other Parts of the Principles
787(1)
Relation to the Principles of European Law on Benevolent Intervention in Another's Affairs (PEL Ben. Int.)
787(1)
Relation to Article I:102 (Price)
787(1)
Relation to Article I:103 (Pre-contractual Duties to Warn)
788(1)
Relation to Article I:104 (Duty to Co-operate)
788(1)
Relation to Article I:106 (Duties of the Service Provider regarding Input)
788(1)
Relation to Article I:107 (General Standard of Care for Services)
789(1)
Relation to Article I:108 (Result Stated or Envisaged by the Client)
790(1)
Relation to Article I:109 (Directions of the Client)
790(1)
Relation to Article I:110 (Contractual Duty of the Service Provider to Warn)
790(1)
Relation to Article I:111 (Variation of the Service Contract) and Article I:113 (Failure to Notify for Non-Conformity)
791(1)
Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider)
791(1)
Relation to Article 114 (Limitation of Liability)
791(1)
Relation to Article 115 (Cancellation of the Service Contract)
792(1)
Relation to
Chapter 6 (Information)
792(1)
Article 7:101: Scope of Application
Comments
General Idea
793(1)
Interests at Stake and Policy Considerations
794(2)
Comparative Overview
796(1)
Preferred Option
796(1)
Relation to PECL and Other Parts of the Principles
796(1)
Character of the Rule
797(1)
Remedies
797(1)
Comparative Notes
Scope of the rules on treatment in the national laws
797(1)
National Notes
Scope of the rules on treatment in the national laws
798(5)
Article 7:102: Circumstances in which the Service Is to Be Performed
Comments
General Idea
803(1)
Interests at Stake and Policy Considerations
803(1)
Comparative Overview
804(1)
Preferred Option
804(1)
Relation to PECL and Other Parts of the Principles
805(1)
Character of the Rule
805(1)
Remedies
805(1)
Comparative Notes
Liability for a defective diagnosis
806(1)
National Notes
Liability for a defective diagnosis
806(3)
Article 7:103: Duties of the Treatment Provider regarding Input
Comments
General Idea
809(1)
Interests at Stake and Policy Considerations
809(2)
Comparative Overview
811(1)
Preferred Option
811(1)
Relation to PECL and Other Parts of the Principles
812(1)
Character of the Rule
812(1)
Remedies
812(1)
Comparative Notes
Materials, instruments and tools
813(1)
National Notes
Materials, instruments and tools
813(3)
Article 7:104: Duty of Care of the Treatment Provider
Comments
General Idea
816(1)
Interests at Stake and Policy Considerations
817(1)
Comparative Overview
818(1)
Preferred Option
819(1)
Relation to PECL and Other Parts of the Principles
820(1)
Character of the Rule
820(1)
Remedies
820(1)
Comparative Notes
General standard of care
821(1)
Modulation of the standard of care
821(1)
Standard of care in medical experimentation
821(1)
Burden of proof allocation
822(1)
Standard of care in unconventional treatment
822(1)
No-fault compensation/strict liability regarding medical accidents, Development prospects, case law, law commissions, literature, medical/patient/insurance lobbies, etc.
822(1)
National Notes
General standard of care
823(4)
Modulation of the standard of care
827(2)
Standard of care in medical experimentation
829(1)
Burden of proof allocation
830(3)
Standard of care in unconventional treatment
833(1)
No-fault compensation/strict liability regarding medical accidents. Development prospects, case law, law commissions, literature, medical/patient/insurance lobbies, etc.
834(3)
Article 7:105: Duty to Inform of the Treatment Provider
Comments
General Idea
837(1)
Interests at Stake and Policy Considerations
837(2)
Comparative Overview
839(1)
Preferred Option
839(1)
Relation to PECL and Other Parts of the Principles
840(1)
Character of the Rule
841(1)
Remedies
841(1)
Comparative Notes
Duty to inform in general
841(1)
Duty to inform about risks
841(1)
Duty to inform about alternatives
842(1)
Burden of Proof
842(1)
National Notes
Duty to inform in general
842(4)
Duty to inform about risks
846(3)
Duty to inform about alternatives
849(1)
Burden of Proof
850(3)
Article 7:106: Duty to Inform in case of Unnecessary or Experimental Treatment
Comments
General Idea
853(1)
Interests at Stake and Policy Considerations
854(1)
Comparative Overview
855(1)
Relation to PECL and Other Parts of the Principles
855(1)
Character of the Rule
855(1)
Remedies
856(1)
Comparative Notes
Duty to inform in case of unnecessary and experimental treatment
856(1)
National Notes
Duty to inform in case of unnecessary and experimental treatment
856(2)
Article 7:107: Exceptions to the Duty to Inform
Comments
General Idea
858(1)
Interests at Stake and Policy Considerations
859(1)
Comparative Overview
860(1)
Preferred Option
860(1)
Relation to PECL and Other Parts of the Principles
861(1)
Relation with Articles 7:105, 7:106, 7:108 and 7:109
861(1)
Character of the Rule
861(1)
Remedies
861(1)
Burden of Proof
862(1)
Comparative Notes
Therapeutic exception
862(1)
National Notes
Therapeutic exception
862(3)
Article 7:108: Duty to Obtain Consent
Comments
General Idea
865(1)
Interests at Stake and Policy Considerations
866(2)
Comparative Overview
868(1)
Preferred Option
868(1)
Relation to PECL and Other Parts of the Principles
869(1)
Character of the Rule
870(1)
Remedies
870(1)
Comparative Notes
Consent regarding incapable patients
870(1)
Consent in emergency situations if consent cannot be obtained
870(1)
Advanced directives/living wills/previously expressed wishes
871(1)
National Notes
Consent regarding incapable patients
871(2)
Consent in emergency situations if consent cannot be obtained
873(1)
Advanced directives/living wills/previously expressed wishes
874(2)
Article 7:109: Duty to Give Account
Comments
General Idea
876(1)
Interests at Stake and Policy Considerations
877(2)
Comparative Overview
879(1)
Preferred Option
880(1)
Relation to PECL and Other Parts of the Principles
881(1)
Character of the Rule
881(1)
Remedies
881(1)
Comparative Notes
Duty to keep records
882(1)
Consequence of not keeping records
882(1)
Patient's right to have access to the records
882(1)
Secrecy of clinical records
882(1)
Exceptions
883(1)
National Notes
Duty to keep records
883(1)
Consequence of not keeping records
884(2)
Patient's right to have access to the records
886(1)
Secrecy of clinical records
887(1)
Exceptions
888(3)
Article 7:110: Remedies for Non-Performance
Comments
General Idea
891(1)
Interests at Stake and Policy Considerations
891(1)
Comparative Overview
892(1)
Preferred Option
892(1)
Relation to PECL and Other Parts of the Principles
892(1)
Character of the Rule
893(1)
Comparative Notes
Termination by the treatment provider
893(1)
Cancellation by the patient
893(1)
National Notes
Termination by the treatment provider
893(1)
Cancellation by the patient
894(1)
Article 7:111: Central Liability of Treatment Providing Organisations
Comments
General Idea
895(1)
Interests at Stake and Policy Considerations
895(1)
Comparative Overview
896(1)
Preferred Option
896(1)
Relation to PECL and Other Parts of the Principles
897(1)
Character of the Rule
897(1)
Remedies
897(1)
Comparative Notes
Central liability of hospitals
897(1)
National Notes
Central liability of hospitals
898(5)
Annexes
Abbreviations
903(34)
Table of Codes and Statutes 937(16)
Table of UK Cases 953(6)
Table of the Principles 959(6)
Bibliography 965(8)
Index 973