Foreword |
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vii | |
Our Sponsors |
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xi | |
Preface to this volume |
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xiii | |
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English Service Contracts |
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3 | (23) |
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Dutch Dienstverleningsovereenkomsten |
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26 | (27) |
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French Contrats de Service |
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53 | (24) |
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German Vertrage uber Dienstleistungen |
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77 | (25) |
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Swedish Avtal om Tjanster |
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102 | (25) |
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Principles of European Law on Service Contracts |
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127 | (1) |
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127 | (1) |
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Relation to General Contract Law (PECL) |
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127 | (2) |
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Mainly Default Rules: Some Mandatory Protection |
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129 | (1) |
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Structure of this Part: General and Specific Rules |
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129 | (1) |
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External Relationship not Dealt with |
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129 | (1) |
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Member States Investigated |
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130 | (1) |
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131 | (1) |
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132 | (1) |
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133 | (2) |
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135 | (1) |
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135 | (2) |
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Relation to Other Parts of the Principles |
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Relation to the Principles of European Contract Law |
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137 | (1) |
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Relation to the Principles of European Sales Law and the Principles of European Law on Commercial Agency, Franchising and Distribution Contracts |
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137 | (1) |
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Relation to Chapters 2 to 7 of this Part of the Principles |
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137 | (2) |
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139 | (1) |
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Article 1:101: Scope of Application |
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140 | (2) |
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Interests at Stake and Policy Considerations |
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142 | (1) |
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142 | (1) |
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143 | (1) |
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Relation to PECL and Other Parts of the Principles |
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143 | (1) |
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Relation to the Principles of European Sales Law |
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143 | (3) |
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Relation to the Principles of European Law on Commercial Agency, Franchising and Distribution Contracts |
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146 | (1) |
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Relation to Other Chapters of the Principles of European Law on Service Contracts |
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147 | (1) |
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147 | (1) |
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148 | (1) |
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Legal qualification of (PELSC) services in (specific) contract law |
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148 | (1) |
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Legal qualification of PELSC services in (specific) contract law |
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149 | (5) |
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154 | (1) |
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Interests at Stake and Policy Considerations |
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155 | (1) |
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155 | (1) |
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156 | (1) |
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Relation to PECL and Other Parts of the Principles |
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156 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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157 | (1) |
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157 | (1) |
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157 | (1) |
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157 | (1) |
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The service provider is entitled to payment of a price |
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158 | (1) |
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Determination of price according to service contract law |
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158 | (1) |
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The service provider is entitled to payment of a price |
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159 | (1) |
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Determination of price according to service contract law |
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160 | (3) |
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Article 1:103: Pre-contractual Duties to Warn |
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163 | (4) |
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Interests at Stake and Policy Considerations |
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167 | (2) |
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169 | (1) |
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169 | (3) |
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Relation to PECL and Other Parts of the Principles |
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172 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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172 | (4) |
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176 | (1) |
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176 | (1) |
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177 | (1) |
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Pre-contractual duties to warn in (services) contract law |
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178 | (1) |
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Pre-contractual duties to warn in (services) contract law |
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179 | (4) |
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Article 1:104: Duty to Co-operate |
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183 | (3) |
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Interests at Stake and Policy Considerations |
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186 | (1) |
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187 | (1) |
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188 | (1) |
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Relation to PECL and Other Parts of the Principles |
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189 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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189 | (1) |
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190 | (1) |
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190 | (1) |
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The client's specific duties to co-operate under a service contract |
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191 | (1) |
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The service provider's duty to co-operate |
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192 | (1) |
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The client's specific duties to co-operate under a service contract |
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192 | (3) |
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The service provider's duty to co-operate |
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195 | (1) |
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Article 1:105: Circumstances in which the Service Is to Be Performed |
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196 | (1) |
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Interests at Stake and Policy Considerations |
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197 | (1) |
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198 | (1) |
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198 | (1) |
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Relation to PECL and Other Parts of the Principles |
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199 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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199 | (1) |
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199 | (1) |
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200 | (1) |
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The duty of the service provider to take into account the circumstances in which the service has to be performed |
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201 | (1) |
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Article 1:106: Duties of the Service Provider regarding Input |
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202 | (2) |
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Interests at Stake and Policy Considerations |
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204 | (1) |
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205 | (1) |
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205 | (1) |
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Relation to PECL and Other Parts of the Principles |
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206 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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207 | (1) |
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207 | (1) |
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208 | (2) |
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Performance of the service through subcontractors |
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210 | (1) |
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Quality of tools and materials used in the course of the service |
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210 | (1) |
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Performance of the service through subcontractors |
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211 | (3) |
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Quality of tools and materials used in the course of the service |
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214 | (2) |
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Article 1:107: General Standard of Care for Services |
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216 | (2) |
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Interests at Stake and Policy Considerations |
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218 | (1) |
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219 | (1) |
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220 | (1) |
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Relation to PECL and Other Parts of the Principles |
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220 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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220 | (1) |
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221 | (1) |
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221 | (1) |
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221 | (2) |
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The duty of care of the service provider in (specific) contract law |
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223 | (1) |
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The duty of care of the service provider in (specific) contract law |
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224 | (2) |
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Article 1:108: Result Stated or Envisaged by the Client |
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226 | (3) |
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Interests at Stake and Policy Considerations |
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229 | (1) |
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230 | (1) |
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230 | (1) |
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Relation to PECL and Other Parts of the Principles |
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231 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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231 | (1) |
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231 | (1) |
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232 | (1) |
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232 | (1) |
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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 |
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233 | (1) |
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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 |
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233 | (3) |
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Article 1:109: Directions of the Client |
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236 | (1) |
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Interests at Stake and Policy Considerations |
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237 | (1) |
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238 | (1) |
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239 | (1) |
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Relation to PECL and Other Parts of the Principles |
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240 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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240 | (1) |
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241 | (1) |
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241 | (1) |
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The duty of the service provider to follow the client's directions |
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242 | (1) |
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Disculpation of the service provider in the event of inadequate directions of the client |
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243 | (1) |
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The duty of the service provider to follow the client's directions |
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243 | (1) |
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Disculpation of the service provider in the events of inadequate directions of the client |
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244 | (3) |
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Article 1:110: Contractual Duty of the Service Provider to Warn |
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247 | (1) |
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Interests at Stake and Policy Considerations |
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248 | (2) |
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250 | (1) |
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250 | (2) |
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Relation to PECL and Other Parts of the Principles |
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252 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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252 | (1) |
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252 | (1) |
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252 | (1) |
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253 | (2) |
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The Contractual duty to warn of the service provider in (specific) contract law |
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255 | (1) |
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Consequences in case of breach of the duty to warn |
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255 | (1) |
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The contractual duty to warn of the service provider in (specific) contract law |
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256 | (2) |
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Consequences in case of breach of the duty to warn |
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258 | (2) |
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Article 1:111: Variation of the Service Contract |
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260 | (4) |
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Interests at Stake and Policy Considerations |
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264 | (1) |
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265 | (1) |
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266 | (1) |
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Relation to PECL and Other Parts of the Principles |
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266 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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267 | (1) |
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268 | (1) |
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268 | (1) |
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External cost-increasing circumstances and (specific) contract law |
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268 | (1) |
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Change of the service ordered by the client |
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269 | (1) |
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External cost-increasing circumstances and (specific) contract law |
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269 | (3) |
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Change of the service ordered by the client |
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272 | (3) |
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Article 1:112: Remedies for Breach of Duties of the Service Provider |
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275 | (1) |
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Interests at Stake and Policy Considerations |
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276 | (1) |
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276 | (1) |
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277 | (1) |
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Relation to PECL and Other Parts of the Principles |
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277 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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277 | (1) |
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278 | (1) |
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278 | (1) |
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Article 1:113: Failure to Notify for Non-Conformity |
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278 | (2) |
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Interests at Stake and Policy Considerations |
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280 | (1) |
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281 | (1) |
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281 | (1) |
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Relation to PECL and Other Parts of the Principles |
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282 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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282 | (1) |
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283 | (1) |
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283 | (2) |
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The duty to notify of the client in (specific) contract law |
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285 | (1) |
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Consequences in case of failure to notify |
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285 | (1) |
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The duty to notify of the client in (specific) contract law |
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285 | (2) |
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Consequences in case of failure to notify |
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287 | (1) |
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Article 1:114: Limitation of Liability |
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288 | (1) |
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Interests at Stake and Policy Considerations |
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289 | (1) |
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289 | (1) |
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290 | (1) |
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Relation to PECL and Other Parts of the Principles |
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291 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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291 | (1) |
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291 | (1) |
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292 | (1) |
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292 | (1) |
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Limitation or exclusion of liability for death or personal injury |
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292 | (1) |
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Limitation or exclusion of liability for damage other than death or personal injury |
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293 | (1) |
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Limitation or exclusion of liability for death or personal injury |
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294 | (1) |
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Limitation or exclusion of liability for damage other than death or personal injury |
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295 | (5) |
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Article 1:115: Cancellation of the Service Contract |
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300 | (1) |
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Interests at Stake and Policy Considerations |
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301 | (1) |
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302 | (1) |
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302 | (1) |
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Relation to PECL and Other Parts of the Principles |
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303 | (1) |
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Relation to Other Chapters of this Part of the Principles |
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303 | (1) |
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303 | (1) |
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303 | (1) |
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303 | (1) |
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The right of the client to cancel the service in (specific) contract law |
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304 | (1) |
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Consequences in case of cancellation of the service by the client |
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304 | (1) |
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The right of the client to cancel the service in (specific) contract law |
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305 | (1) |
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Consequences in case of cancellation of the service by the client |
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306 | (3) |
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309 | (1) |
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309 | (1) |
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309 | (2) |
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311 | (1) |
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311 | (1) |
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Relation to Other Parts of the Principles |
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Relation to the Principles of European Contract Law (PECL) in General |
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312 | (1) |
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Relation to Article 7:102 PECL (Time of Performance) |
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312 | (1) |
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Relation to Chapter 1 (General Provisions): General Remark |
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313 | (1) |
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Relation to Article I:102 (Price) |
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313 | (1) |
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Relation to Article I:103 (Pre-contractual Duties to Warn) |
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314 | (1) |
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Relation to Article I:105 (Circumstances in which the Service Is to Be Performed) |
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315 | (1) |
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Relation to Article I:106 (Duties of the Service Provider regarding Input) |
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316 | (1) |
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Relation to Article I:109 (Directions of the Client) |
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316 | (1) |
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Relation to Article I:110 (Contractual Duty of the Service Provider to Warn) |
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317 | (1) |
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Relation to Article I:111 (Variation of the Service Contract) |
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317 | (1) |
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Relation to Article I:112 (Remedies for Breach of Duties of the Service Provider) |
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318 | (1) |
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Relation to Article I:113 (Failure to Notify for Non-Conformity) |
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318 | (1) |
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Relation to Article I:114 (Limitation of Liability) |
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319 | (1) |
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Relation to Article I:115 (Cancellation of the Service Contract) |
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319 | (1) |
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Relation to Other Chapters on Specific Services: Design and Processing |
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319 | (1) |
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Relation to the Principles of European Sales Law (PELS) |
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320 | (1) |
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321 | (1) |
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Article 2:101: Scope of Application |
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321 | (1) |
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Interests at Stake and Policy Considerations |
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322 | (1) |
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322 | (1) |
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322 | (1) |
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Relation to PECL and PELS |
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323 | (1) |
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Design by the Client or the Constructor |
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324 | (1) |
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Construction Work on Existing Immovables or Processing? |
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324 | (1) |
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325 | (1) |
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325 | (1) |
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Scope of the Rules on Construction |
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325 | (3) |
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328 | |
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Scope of the Rules on Construction |
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326 | (2) |
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328 | (1) |
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Article 2:102: Duty to Co-operate of the Client |
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329 | (1) |
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Interests at Stake and Policy Considerations |
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330 | (1) |
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330 | (1) |
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331 | (1) |
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Relation to PECL and Other Parts of the Principles |
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331 | (1) |
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Other Issues for Co-operation |
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331 | (1) |
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332 | (1) |
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332 | (1) |
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Duty to Co-operate in General |
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332 | (1) |
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332 | (1) |
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Duty to Co-operate in General |
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332 | (2) |
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334 | (1) |
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Article 2:103: Duty of Care of the Constructor |
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335 | (1) |
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Interests at Stake and Policy Considerations |
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335 | (1) |
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336 | (1) |
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336 | (1) |
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Relation to PECL and Other Parts of the Principles |
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336 | (1) |
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337 | (1) |
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337 | (1) |
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337 | (1) |
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337 | (1) |
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337 | (1) |
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Prevention of damage to (the existing part of the structure) and to other persons and goods |
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338 | (1) |
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338 | (2) |
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Prevention of damage to (the existing part of the structure) and to other persons and goods |
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340 | (1) |
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Article 2:104: Conformity |
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341 | (1) |
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Interests at Stake and Policy Considerations |
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342 | (1) |
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343 | (1) |
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344 | (1) |
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Relation to PECL and Other Parts of the Principles |
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345 | (1) |
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346 | (1) |
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346 | (1) |
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347 | (1) |
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348 | (1) |
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348 | (1) |
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348 | (1) |
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348 | (1) |
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349 | (3) |
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Article 2:105: Inspection, Supervision and Acceptance |
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352 | (1) |
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Interests at Stake and Policy Considerations |
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353 | (1) |
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354 | (1) |
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354 | (1) |
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Relation to PECL and Other Parts of the Principles |
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354 | (1) |
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Constructor Relying on the Knowledge of the Client or Supervisor |
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355 | (1) |
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356 | (1) |
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356 | (1) |
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357 | (1) |
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Right to Supervise and Inspect During the Performance of the Service? |
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357 | (1) |
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Obligation to Inspect the Finalised Structure? |
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357 | (1) |
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Liability for Defects not noticed during Inspection |
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357 | (1) |
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Inadequate Performance of Agreed Duty to Supervise: Defence or Contributory Negligence? |
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358 | (1) |
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Right to Supervise and Inspect During the Performance of the Service? |
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359 | (1) |
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Obligation to Inspect the Finalised Structure? |
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360 | (2) |
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Liability for Defects not Noticed during Inspection |
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362 | (3) |
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Inadequate Performance of Agreed Duty to Supervise: Defence or Contributory Negligence? |
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365 | (2) |
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Article 2:106: Handing over of the Structure |
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367 | (1) |
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Interests at Stake and Policy Considerations |
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367 | (1) |
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368 | (1) |
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369 | (1) |
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Relation to PECL and Other Parts of the Principles |
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370 | (1) |
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370 | (1) |
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370 | (1) |
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370 | (1) |
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Procedure of Handing over of the Structure: Delivery and Acceptance |
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371 | (1) |
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Procedure of Handing over of the Structure: Delivery and Acceptance |
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371 | (2) |
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Article 2:107: Payment of the Price |
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373 | (1) |
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Interests at Stake and Policy Considerations |
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374 | (1) |
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374 | (1) |
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374 | (1) |
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Relation to PECL and Other Parts of the Principles |
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375 | (1) |
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375 | (1) |
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375 | (1) |
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Moment of Payment of the Price |
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375 | (1) |
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Moment of Payment of the Price |
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376 | (1) |
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377 | (1) |
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Interests at Stake and Policy Considerations |
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378 | (1) |
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378 | (1) |
|
|
379 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
380 | (1) |
|
|
380 | (1) |
|
|
380 | (1) |
|
|
381 | (1) |
|
|
|
|
381 | (1) |
|
Risk as to Materials and Goods Provided by Other Party |
|
|
381 | (1) |
|
|
|
|
381 | (3) |
|
Risk as to Materials and Goods Provided by Other Party |
|
|
384 | (2) |
|
Article 2:109: Specific Performance and Cure |
|
|
|
|
|
|
386 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
387 | (1) |
|
|
387 | (1) |
|
|
387 | (1) |
|
Restrictions to the Right to Cure |
|
|
388 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
389 | (1) |
|
|
389 | (1) |
|
|
389 | (1) |
|
|
|
|
389 | (1) |
|
|
|
|
390 | (1) |
|
Article 2:110: Resort to Other Remedies |
|
|
|
|
|
|
391 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
392 | (1) |
|
|
392 | (1) |
|
Preferred Option: Exceptions to the Right to Termination |
|
|
392 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
392 | (1) |
|
|
393 | (1) |
|
|
393 | (1) |
|
|
|
|
393 | (1) |
|
|
|
|
393 | (2) |
|
Article 2:111: Prescription of Remedies based on Non-Conformity |
|
|
|
|
|
|
395 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
395 | (1) |
|
|
395 | (1) |
|
|
396 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
396 | (1) |
|
|
396 | (1) |
|
|
397 | (1) |
|
|
|
Limitation Period for Actions based on Defects |
|
|
397 | (1) |
|
|
|
Limitation Period for Actions based on Defects |
|
|
397 | (4) |
|
|
|
|
|
|
401 | (1) |
|
Scope of Application of this Chapter |
|
|
401 | (1) |
|
|
401 | (2) |
|
|
403 | (1) |
|
|
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 |
|
|
|
|
|
|
413 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
413 | (1) |
|
|
414 | (1) |
|
|
414 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
414 | (1) |
|
Scope of Application of the Rules |
|
|
415 | (2) |
|
|
417 | (1) |
|
|
417 | (1) |
|
|
|
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) |
|
|
|
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 |
|
|
|
|
|
|
421 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
421 | (1) |
|
|
422 | (1) |
|
|
422 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
422 | (1) |
|
Specific Duties to Co-operate for Processing Contracts |
|
|
423 | (1) |
|
|
423 | (1) |
|
|
423 | (1) |
|
|
423 | (1) |
|
|
|
Client's obligation to hand over (the control over) the good or give access to the good on time |
|
|
424 | (1) |
|
|
|
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 |
|
|
|
|
|
|
426 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
426 | (1) |
|
|
427 | (1) |
|
|
427 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
428 | (1) |
|
Specific Duty as to Existing Circumstances in Processing Contracts |
|
|
428 | (1) |
|
|
429 | (1) |
|
|
429 | (1) |
|
|
429 | (1) |
|
|
|
Processor's duty to collect information and to investigate the good |
|
|
429 | (1) |
|
Duty to warn for specific dangers |
|
|
430 | (1) |
|
|
|
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 |
|
|
|
|
|
|
433 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
433 | (1) |
|
|
434 | (1) |
|
|
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) |
|
|
439 | (1) |
|
|
439 | (1) |
|
|
439 | (1) |
|
|
|
|
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) |
|
|
|
|
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 |
|
|
|
|
|
|
446 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
446 | (1) |
|
|
447 | (1) |
|
|
447 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
447 | (1) |
|
|
448 | (1) |
|
|
448 | (1) |
|
|
449 | (1) |
|
|
|
Process normally leading to result in conformity with contract: obligation of result or means |
|
|
449 | (1) |
|
|
|
Process normally leading to result in conformity with contract: obligation of result or means |
|
|
449 | (2) |
|
Article 3:106: Inspection and Supervision |
|
|
|
|
|
|
451 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
451 | (1) |
|
|
452 | (1) |
|
|
452 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
453 | (1) |
|
|
453 | (1) |
|
|
453 | (1) |
|
|
453 | (1) |
|
|
|
|
454 | (1) |
|
|
|
|
454 | (2) |
|
Article 3:107: Return of the Thing |
|
|
|
|
|
|
456 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
456 | (1) |
|
|
457 | (1) |
|
|
457 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
458 | (1) |
|
|
458 | (1) |
|
|
459 | (1) |
|
|
459 | (1) |
|
|
|
Acceptance of the return of the good: consequences for claim for non-performance |
|
|
459 | (1) |
|
|
|
Acceptance of the return of the good: consequences for claim for non-performance |
|
|
460 | (2) |
|
Article 3:108: Payment of the Price |
|
|
|
|
|
|
462 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
462 | (1) |
|
|
462 | (1) |
|
|
463 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
463 | (1) |
|
Long-Term Processing Contract |
|
|
463 | (1) |
|
|
464 | (1) |
|
|
464 | (1) |
|
|
464 | (1) |
|
|
|
Moment when payment is due |
|
|
464 | (1) |
|
|
|
Moment when payment is due |
|
|
464 | (3) |
|
|
|
|
|
|
467 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
468 | (1) |
|
|
468 | (1) |
|
|
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) |
|
|
471 | (1) |
|
|
471 | (1) |
|
|
471 | (1) |
|
|
|
|
471 | (1) |
|
|
|
|
472 | (2) |
|
Article 3:110: Specific Performance and Cure |
|
|
|
|
|
|
474 | (1) |
|
Interests and Policy Considerations |
|
|
474 | (1) |
|
|
474 | (1) |
|
|
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) |
|
|
477 | (1) |
|
|
478 | (1) |
|
|
478 | (1) |
|
|
|
Specific performance in processing contracts |
|
|
478 | (1) |
|
Processor has right to cure the defect? |
|
|
478 | (1) |
|
|
|
Specific performance in processing contracts |
|
|
479 | (1) |
|
Processor has right to cure the defect? |
|
|
480 | (1) |
|
Article 3:111: Resort to Other Remedies |
|
|
|
|
|
|
481 | (1) |
|
Interests and Policy Considerations |
|
|
482 | (1) |
|
|
482 | (1) |
|
|
482 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
482 | (1) |
|
|
483 | (1) |
|
|
483 | (1) |
|
|
483 | (1) |
|
|
|
Price reduction and termination |
|
|
484 | (1) |
|
|
484 | (1) |
|
|
|
Price reduction and termination |
|
|
484 | (2) |
|
|
486 | (1) |
|
Article 3:112: Limitation of Liability |
|
|
|
|
|
|
487 | (1) |
|
Interests at Stakes and Policy Considerations |
|
|
488 | (1) |
|
|
489 | (1) |
|
|
489 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
490 | (1) |
|
|
491 | (1) |
|
|
492 | (1) |
|
|
492 | (1) |
|
|
|
Limitation of the processor's liability to the processor's fee or to a fixed amount |
|
|
492 | (1) |
|
|
|
Limitation of the processor's liability to the processor's fee or to a fixed amount |
|
|
493 | (2) |
|
|
|
|
|
|
495 | (1) |
|
|
495 | (1) |
|
|
496 | (1) |
|
|
497 | (1) |
|
|
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 |
|
|
|
|
|
|
506 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
507 | (1) |
|
|
508 | (1) |
|
|
509 | (2) |
|
Relation to PECL and Other Parts of the Principles |
|
|
511 | (1) |
|
Scope of Application of the Rules |
|
|
511 | (2) |
|
|
513 | (1) |
|
|
514 | (1) |
|
|
|
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) |
|
|
|
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 |
|
|
|
|
|
|
522 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
522 | (1) |
|
|
523 | (1) |
|
|
523 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
523 | (2) |
|
|
525 | (1) |
|
|
525 | (1) |
|
|
525 | (1) |
|
|
|
Client's obligation to warn for specific dangers and consequences of breach thereof |
|
|
526 | (1) |
|
|
|
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 |
|
|
|
|
|
|
528 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
529 | (1) |
|
|
529 | (1) |
|
|
530 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
530 | (1) |
|
|
531 | (1) |
|
|
531 | (1) |
|
|
531 | (1) |
|
|
|
Storehouse's obligation to collect information and to investigate the good |
|
|
531 | (1) |
|
|
|
Storehouse's obligation to collect information and to investigate the good |
|
|
532 | (1) |
|
Article 4:104: Duties of the Storer regarding Input |
|
|
|
|
|
|
533 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
534 | (1) |
|
|
535 | (1) |
|
|
535 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
536 | (1) |
|
|
536 | (1) |
|
|
537 | (1) |
|
|
537 | (1) |
|
|
|
Location for execution of the service |
|
|
537 | (1) |
|
|
537 | (1) |
|
|
|
Location for execution of the service |
|
|
538 | (1) |
|
|
539 | (1) |
|
Article 4:105: Duty of Care of the Storer |
|
|
|
|
|
|
540 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
541 | (1) |
|
|
542 | (1) |
|
|
542 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
542 | (3) |
|
|
545 | (1) |
|
|
545 | (1) |
|
|
545 | (1) |
|
|
|
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) |
|
|
|
Precautionary measures, excuses and burden of proof |
|
|
547 | (3) |
|
Use of good by storehouse |
|
|
550 | (2) |
|
Article 4:106: Return of the Thing |
|
|
|
|
|
|
552 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
553 | (1) |
|
|
554 | (1) |
|
|
554 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
555 | (1) |
|
|
556 | (1) |
|
|
557 | (1) |
|
|
557 | (1) |
|
|
|
Condition of the good upon return; burden of proof in case of damage |
|
|
557 | (1) |
|
|
|
Condition of the good upon return; burden of proof in case of damage |
|
|
557 | (3) |
|
Article 4:107: Conformity |
|
|
|
|
|
|
560 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
561 | (1) |
|
|
561 | (1) |
|
|
562 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
562 | (2) |
|
|
564 | (1) |
|
|
564 | (1) |
|
|
564 | (1) |
|
|
|
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) |
|
|
566 | (1) |
|
|
|
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) |
|
|
570 | (1) |
|
Article 4:108: Payment of the Price |
|
|
|
|
|
|
571 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
571 | (1) |
|
|
572 | (1) |
|
|
572 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
572 | (1) |
|
|
573 | (1) |
|
|
573 | (1) |
|
|
573 | (1) |
|
|
|
Moment when payment is due |
|
|
573 | (1) |
|
Storehouse's right of retention in case of non-payment |
|
|
573 | (1) |
|
|
|
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 |
|
|
|
|
|
|
575 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
576 | (1) |
|
|
576 | (1) |
|
|
577 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
578 | (1) |
|
|
578 | (1) |
|
|
578 | (1) |
|
|
578 | (1) |
|
|
|
Storehouse's obligation to inform of condition of good and precautions to be taken |
|
|
579 | (1) |
|
|
|
Storehouse's obligation to inform of condition of good and precautions to be taken |
|
|
579 | (2) |
|
|
|
|
|
|
581 | (1) |
|
|
582 | (1) |
|
|
582 | (1) |
|
|
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) |
|
|
584 | (1) |
|
|
585 | (1) |
|
|
585 | (1) |
|
|
|
Specific performance in storage contracts |
|
|
585 | (1) |
|
|
|
Specific performance in storage contracts |
|
|
585 | (1) |
|
Article 4:111: Remedies for Non-Conformity |
|
|
|
|
|
|
586 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
586 | (1) |
|
|
587 | (1) |
|
|
587 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
588 | (1) |
|
|
588 | (1) |
|
|
588 | (1) |
|
|
589 | (1) |
|
|
|
Price reduction and termination |
|
|
589 | (1) |
|
|
589 | (1) |
|
|
|
Price reduction and termination |
|
|
589 | (1) |
|
|
590 | (1) |
|
Article 4:112: Limitation of Liability |
|
|
|
|
591 | (2) |
|
Interests at Stake and Policy Considerations |
|
|
593 | (1) |
|
|
593 | (1) |
|
|
593 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
594 | (1) |
|
|
595 | (1) |
|
|
596 | (1) |
|
|
596 | (1) |
|
|
|
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) |
|
|
|
|
597 | (3) |
|
Article 4:113: Liability of the Hotel-Keeper |
|
|
|
|
|
|
600 | (2) |
|
Interests at Stake and Policy Considerations |
|
|
602 | (1) |
|
|
603 | (1) |
|
|
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) |
|
|
608 | (1) |
|
|
608 | (1) |
|
|
608 | (1) |
|
|
|
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) |
|
|
|
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) |
|
|
|
|
615 | (3) |
|
|
615 | (1) |
|
|
615 | (1) |
|
|
616 | (1) |
|
|
617 | (1) |
|
|
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) |
|
|
627 | (1) |
|
Article 5:101: Scope of Application |
|
|
|
|
|
|
628 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
628 | (1) |
|
|
629 | (1) |
|
|
629 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
630 | (1) |
|
|
630 | (1) |
|
|
631 | (1) |
|
|
632 | (1) |
|
|
633 | |
|
|
|
Regulation of design contracts in the existing codes/laws |
|
|
631 | (1) |
|
Standard conditions on design contracts |
|
|
632 | (1) |
|
|
|
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 |
|
|
|
|
|
|
638 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
638 | (1) |
|
|
639 | (1) |
|
|
639 | (1) |
|
Relation to PECL and other Parts of the Principles |
|
|
639 | (1) |
|
|
640 | (1) |
|
|
641 | (1) |
|
|
|
Pre-contractual duty to warn |
|
|
641 | (1) |
|
|
|
Pre-contractual duty to warn |
|
|
642 | (1) |
|
Article 5:103: Duty to Co-operate of the Client |
|
|
|
|
|
|
643 | (1) |
|
Interests at Stake and Policy Consideration |
|
|
644 | (1) |
|
|
644 | (1) |
|
|
644 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
645 | (1) |
|
|
646 | (1) |
|
|
646 | (1) |
|
|
|
Duty to co-operate of the client in design contracts |
|
|
646 | (1) |
|
Specific regulation on the employment of experts |
|
|
647 | (1) |
|
|
|
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 |
|
|
|
|
|
|
651 | (1) |
|
Interests at Stake and Policy Consideration |
|
|
652 | (1) |
|
|
653 | (1) |
|
|
653 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
654 | (1) |
|
|
655 | (1) |
|
|
655 | (1) |
|
|
|
Duty of care of the designer |
|
|
655 | (1) |
|
Specific rules on the duty of care |
|
|
656 | (1) |
|
|
|
Duty of care of the designer |
|
|
657 | (2) |
|
Specific rules on the duty of care |
|
|
659 | (3) |
|
Article 5:105: Conformity |
|
|
|
|
|
|
662 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
663 | (2) |
|
|
665 | (1) |
|
|
665 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
666 | (1) |
|
|
667 | (1) |
|
|
667 | (1) |
|
|
667 | (1) |
|
|
|
|
667 | (1) |
|
|
|
|
668 | (2) |
|
Article 5:106: Handing over of the Design |
|
|
|
|
|
|
670 | (1) |
|
Interests at Stake and Policy Consideration |
|
|
671 | (1) |
|
|
671 | (1) |
|
|
672 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
672 | (1) |
|
|
673 | (1) |
|
|
673 | (1) |
|
|
674 | (1) |
|
|
|
Handing over of the design |
|
|
674 | (1) |
|
|
|
Handing over of the design |
|
|
675 | (2) |
|
Article 5:107: Duty of the Designer to Keep Records |
|
|
|
|
|
|
677 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
677 | (1) |
|
|
678 | (1) |
|
|
678 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
678 | (1) |
|
|
678 | (1) |
|
|
679 | (1) |
|
|
|
|
679 | (1) |
|
|
|
|
679 | (1) |
|
Article 5:108: Limitation of Liability |
|
|
|
|
|
|
680 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
681 | (1) |
|
|
681 | (1) |
|
|
682 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
682 | (1) |
|
|
683 | (1) |
|
|
683 | (1) |
|
|
683 | (1) |
|
|
|
Limitation of the designer's liability |
|
|
683 | (1) |
|
|
|
Limitation of the designer's liability |
|
|
684 | (3) |
|
|
|
|
|
|
687 | (1) |
|
|
687 | (1) |
|
|
688 | (1) |
|
|
689 | (1) |
|
|
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) |
|
|
700 | (1) |
|
Article 6:101: Scope of Application |
|
|
|
|
|
|
700 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
701 | (1) |
|
|
702 | (1) |
|
|
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) |
|
|
706 | (1) |
|
|
706 | (1) |
|
|
|
Definition of information and advice |
|
|
706 | (1) |
|
Regulation of information and advice |
|
|
707 | (1) |
|
|
|
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 |
|
|
|
|
|
|
715 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
716 | (1) |
|
|
716 | (1) |
|
|
717 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
717 | (1) |
|
|
718 | (1) |
|
|
718 | (1) |
|
|
|
Duty of the information provider to ascertain the needs of the client and duty to co-operate of the client |
|
|
718 | (1) |
|
|
|
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 |
|
|
|
|
|
|
720 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
721 | (1) |
|
|
721 | (1) |
|
|
722 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
723 | (1) |
|
|
724 | (1) |
|
|
724 | (1) |
|
|
|
Duty to have and to collect expert knowledge |
|
|
724 | (1) |
|
|
|
Duty to have and to collect expert knowledge |
|
|
724 | (4) |
|
Article 6:104: Duty of Care of the Information Provider |
|
|
|
|
|
|
728 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
729 | (2) |
|
|
731 | (1) |
|
|
732 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
732 | (1) |
|
|
733 | (1) |
|
|
734 | (1) |
|
|
|
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) |
|
|
|
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 |
|
|
|
|
|
|
746 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
747 | (1) |
|
|
747 | (1) |
|
|
748 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
749 | (1) |
|
Distinction between Evaluative and Factual Information |
|
|
749 | (1) |
|
|
750 | (1) |
|
|
751 | (1) |
|
|
751 | (1) |
|
Article 6:106: Duty to Give Account |
|
|
|
|
|
|
751 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
752 | (1) |
|
|
753 | (1) |
|
|
753 | (1) |
|
Main and Ancillary Obligations to Inform |
|
|
753 | (1) |
|
|
754 | (1) |
|
|
754 | (1) |
|
|
|
Burden of proof on breach of duty |
|
|
755 | (1) |
|
|
|
Burden of proof on breach of duty |
|
|
755 | (4) |
|
Article 6:107: Conflict of Interest |
|
|
|
|
|
|
759 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
760 | (1) |
|
|
761 | (1) |
|
|
761 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
762 | (1) |
|
|
762 | (1) |
|
|
762 | (1) |
|
|
|
Conflict of interest in advice and information contracts |
|
|
763 | (1) |
|
|
|
Conflict of interest in advice and information contracts |
|
|
763 | (3) |
|
Article 6:108: Influence of Ability of the Client |
|
|
|
|
|
|
766 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
767 | (1) |
|
|
768 | (1) |
|
|
768 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
769 | (1) |
|
|
770 | (1) |
|
|
770 | (1) |
|
|
|
Influence of the ability of the client on the service to be provided |
|
|
770 | (1) |
|
|
|
Influence of the ability of the client on the service to be provided |
|
|
771 | (1) |
|
|
|
|
|
|
772 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
773 | (1) |
|
|
774 | (1) |
|
|
774 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
775 | (1) |
|
|
776 | (1) |
|
|
776 | (1) |
|
|
|
Burden of proof on causation |
|
|
776 | (1) |
|
|
|
Burden of proof on causation |
|
|
776 | (5) |
|
|
|
|
|
|
781 | (1) |
|
|
781 | (1) |
|
|
782 | (3) |
|
|
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 |
|
|
|
|
|
|
793 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
794 | (2) |
|
|
796 | (1) |
|
|
796 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
796 | (1) |
|
|
797 | (1) |
|
|
797 | (1) |
|
|
|
Scope of the rules on treatment in the national laws |
|
|
797 | (1) |
|
|
|
Scope of the rules on treatment in the national laws |
|
|
798 | (5) |
|
Article 7:102: Circumstances in which the Service Is to Be Performed |
|
|
|
|
|
|
803 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
803 | (1) |
|
|
804 | (1) |
|
|
804 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
805 | (1) |
|
|
805 | (1) |
|
|
805 | (1) |
|
|
|
Liability for a defective diagnosis |
|
|
806 | (1) |
|
|
|
Liability for a defective diagnosis |
|
|
806 | (3) |
|
Article 7:103: Duties of the Treatment Provider regarding Input |
|
|
|
|
|
|
809 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
809 | (2) |
|
|
811 | (1) |
|
|
811 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
812 | (1) |
|
|
812 | (1) |
|
|
812 | (1) |
|
|
|
Materials, instruments and tools |
|
|
813 | (1) |
|
|
|
Materials, instruments and tools |
|
|
813 | (3) |
|
Article 7:104: Duty of Care of the Treatment Provider |
|
|
|
|
|
|
816 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
817 | (1) |
|
|
818 | (1) |
|
|
819 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
820 | (1) |
|
|
820 | (1) |
|
|
820 | (1) |
|
|
|
|
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) |
|
|
|
|
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 |
|
|
|
|
|
|
837 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
837 | (2) |
|
|
839 | (1) |
|
|
839 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
840 | (1) |
|
|
841 | (1) |
|
|
841 | (1) |
|
|
|
Duty to inform in general |
|
|
841 | (1) |
|
Duty to inform about risks |
|
|
841 | (1) |
|
Duty to inform about alternatives |
|
|
842 | (1) |
|
|
842 | (1) |
|
|
|
Duty to inform in general |
|
|
842 | (4) |
|
Duty to inform about risks |
|
|
846 | (3) |
|
Duty to inform about alternatives |
|
|
849 | (1) |
|
|
850 | (3) |
|
Article 7:106: Duty to Inform in case of Unnecessary or Experimental Treatment |
|
|
|
|
|
|
853 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
854 | (1) |
|
|
855 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
855 | (1) |
|
|
855 | (1) |
|
|
856 | (1) |
|
|
|
Duty to inform in case of unnecessary and experimental treatment |
|
|
856 | (1) |
|
|
|
Duty to inform in case of unnecessary and experimental treatment |
|
|
856 | (2) |
|
Article 7:107: Exceptions to the Duty to Inform |
|
|
|
|
|
|
858 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
859 | (1) |
|
|
860 | (1) |
|
|
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) |
|
|
861 | (1) |
|
|
861 | (1) |
|
|
862 | (1) |
|
|
|
|
862 | (1) |
|
|
|
|
862 | (3) |
|
Article 7:108: Duty to Obtain Consent |
|
|
|
|
|
|
865 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
866 | (2) |
|
|
868 | (1) |
|
|
868 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
869 | (1) |
|
|
870 | (1) |
|
|
870 | (1) |
|
|
|
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) |
|
|
|
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 |
|
|
|
|
|
|
876 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
877 | (2) |
|
|
879 | (1) |
|
|
880 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
881 | (1) |
|
|
881 | (1) |
|
|
881 | (1) |
|
|
|
|
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) |
|
|
883 | (1) |
|
|
|
|
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) |
|
|
888 | (3) |
|
Article 7:110: Remedies for Non-Performance |
|
|
|
|
|
|
891 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
891 | (1) |
|
|
892 | (1) |
|
|
892 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
892 | (1) |
|
|
893 | (1) |
|
|
|
Termination by the treatment provider |
|
|
893 | (1) |
|
Cancellation by the patient |
|
|
893 | (1) |
|
|
|
Termination by the treatment provider |
|
|
893 | (1) |
|
Cancellation by the patient |
|
|
894 | (1) |
|
Article 7:111: Central Liability of Treatment Providing Organisations |
|
|
|
|
|
|
895 | (1) |
|
Interests at Stake and Policy Considerations |
|
|
895 | (1) |
|
|
896 | (1) |
|
|
896 | (1) |
|
Relation to PECL and Other Parts of the Principles |
|
|
897 | (1) |
|
|
897 | (1) |
|
|
897 | (1) |
|
|
|
Central liability of hospitals |
|
|
897 | (1) |
|
|
|
Central liability of hospitals |
|
|
898 | (5) |
|
|
|
|
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 | |