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Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law

A comparative survey of the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and Indian statutory contract law

by Lars Meyer (Author)
©2011 Thesis 284 Pages
Series: Internationalrechtliche Studien, Volume 60

Summary

The survey compares the rules on contractual non-performance and remedies under the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, and Indian statutory contract law (including the Indian Contract Act, 1872). Given that most Indian statutes were derived from English law and may therefore be viewed as «codified common law», this comparison may contribute to the question of whether, especially in view of contract law harmonisation in the EU, the civil-law and common-law traditions could be merged in a common code. Moreover, it may help identify legal differences that are relevant to doing business between India and Europe. The general conclusion of the survey is that the Principles and Indian statutory contract law share a close proximity especially because many of their provisions on non-performance and remedies appear to be derived from the same concepts and also provide for very similar consequences.

Details

Pages
284
Year
2011
ISBN (Hardcover)
9783631609934
Language
English
Keywords
Indisches Recht Indian Contract Act Vertragsrecht Grundregeln des Europäischen Vertragsrechts
Published
Frankfurt am Main, Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2010. 280 pp.

Biographical notes

Lars Meyer (Author)

Lars Meyer was born in 1978. An attorney qualified in Germany, he studied law at the University of Hamburg, the Hague Academy of International Law and the University of Denver. Research for this book was conducted, inter alia, at the Max-Planck Institute for Comparative and International Private Law in Hamburg and during a visiting research fellowship at Columbia Law School in New York City.

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Title: Non-Performance and Remedies under International Contract Law Principles and Indian Contract Law