Time and contract: research on timestipulations in contract law. KU Leuven
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I want to spend the one-semester sabbatical period on research. In terms of research, I have focused (as co-chairman of the Commission on the Reform of Contract Law (Book 5 of the Civil Code) and since my Francqui Chair at the Université St.-Louis in Brussels in 2016) on the analysis of and a plea for the appropriateness of a reform and on the legal-technical conception of new legal texts based on the applicable contract law. Now that the new ...
The aim of this research is to examine the interaction between the law on unfair commercial practices and contract law. Article 3(2) of Directive 2005/29/EC that harmonises unfair business-to-consumer commercial practices stipulates that the directive is without prejudice to contract law. The directive seems to presume a strict division between the law on unfair commercial practices and contract law, in spite of the many interfaces both in ...
A public procurement contract is a contract for pecuniary interest concluded between one or more economic operators and one or more (public) procurers relating to the execution of works, the supply of products or the provision of services, as defined in public procurement laws and regulations. The link with common contract law, and in particular sales and services, is at first sight not far-fetched. The numerous public procurement contracts ...
Globalisation and the ensuing flows of immigration have led to a significant cultural diversification of Western societies, including Belgium. Since legal norms are, to a certain extent, based on the cultural standards of dominant societal groups, their sustainability in a multicultural society is being increasingly challenged. Contract law constitutes a particularly interesting legal challenge in multicultural societies. Although parties to ...
Comparative law has always been a kind of umbrella concept encompassing different
activities with diverse underlying motives and goals and to that extent, methodological
pluralism is part and parcel of comparative law. In the context of approximation/harmonization initiatives (e.g. EU), scholars in comparative contract law have tended to adopt a (not well elaborated) functionalist approach and limited their research to a mainly ...
From the perspective of a homo economicus, the abandonment of a property right seems a strange and rare phenomenon since it is hard to imagine that someone would voluntarily give up a right without getting anything in return. However, many examples pop up once the power to abandon a property right is combined with negative value goods such as waste, discarded objects, polluted lands or neglected buildings. Negative value goods often acquire ...
This thesis deals with notification in common contract law. In this field of law, a notification appears in various places and on a regular basis. Examples include a contract offer or the acceptance of such an offer, the termination, revocation or dissolution of a contract, the sending of an invoice or a notice of default, or the notification by the assigned debtor that the claim has previously been assigned. A characteristic of all these ...