Contract law in Belgium /
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| Author / Creator: | Herbots, J. H. |
|---|---|
| Imprint: | Deventer ; Boston : Kluwer Law and Taxation, 1995. |
| Description: | 280 p. ; 24 cm. |
| Language: | English |
| Subject: | Contracts -- Belgium. Contracts. Belgium. |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/1826742 |
Table of Contents:
- List of Abbreviations
- Preface
- General Introduction
- 1. The General Background of the Country
- 2. Belgian Law Belongs to the French Legal Family
- 3. Primacy of Legislation
- 4. The position of the Judiciary
- 5. Distinction Between Public and Private Law
- 6. Distinction Between Civil Law and Commercial Law
- Introduction to the Law of Contracts
- 1. Definition of Contract
- 2. Historical Background of the Law of Contracts
- 3. Classification of Contracts
- 4. Contract and Torts
- 5. Contract and Quasi-Contracts
- 6. Contract and the Law of Property
- 7. Contract and Trust
- 8. Good Faith and Fair Dealing
- 9. Styling of Drafting
- 10. Sources of the Law of Contracts
- Selected Bibliography
- 1. Overviews of Case Law
- 2. Books
- 3. Articles and Notes
- Part I. General Principles of the Law of Contract
- 1. Formation
- 1. Agreement and Quid pro Quo (Reciprocity)
- 2. Formal and Evidential Requirements
- 3. Liability and Negotiations
- 2. Conditions of Substantive Validity
- 1. Capacity of the Parties
- 2. Defects of Consents
- 3. Other Conditions of Validity
- 4. The Consequences of a Defect of Consent or of a Lack of Substantive Validity
- 3. The Contents of a Contract
- 1. The Different Clauses
- 2. Interpretation
- 3. Conditional Contracts
- 4. Privity of Contract
- 1. The Rule of Privity of Contract
- 2. Transfer of Contractual Rights
- 3. Subcontracting
- 4. Oblique Action, the Paulian Action and Direct Actions
- 5. The End of the Contract
- 1. Performance and Breach
- 2. Impossibility, Frustration and Hardship
- 3. Discharge by Agreement
- 4. Novation
- 6. Remedies
- 1. General Provisions
- 2. Faulty Behaviour of the Debtor
- 3. The Defence of Non-performance by the Other Party
- 4. Enforced Performance and Injunctions
- 5. Termination
- 6. Restitution
- 7. Damages
- 8. Exemption Clauses and Clauses for the Payment of Liquidated Damage
- 9. Limitation of Actions
- Part II. Specific Contracts
- 1. Agency
- 1. Obligations of the Agent
- 2. The Principal's Obligations
- 3. Effects of Direct Representation
- 4. The so-called Apparent Authority of an Agent
- 5. The Relationship Between an Agent and the Third Party
- 6. The Relationship Between Agent and Principal
- 7. Terminating of the Agency Agreement
- 8. Indirect Representation
- 9. Broking
- 10. Distributors
- 2. Bailment
- 1. Bailment of Necessity
- 2. Sequestration
- 3. Aleatory Contracts
- 1. Gaming and Betting
- 2. Contract for Life Annuity
- 4. Sale of Goods
- 1. Delivery
- 2. Transfer of Property and Risk
- 3. Seller's Warranties of Title and Quality
- 4. Remedies of the Unpaid Seller
- 5. Products Liability
- 6. The Sale on Instalment
- 5. Hire of Work and Skill. Building Contracts
- 1. The General Law
- 2. Special Law (The Breyne Act)
- 6. Lease
- 1. The General Law
- 2. Dwellings for Principal Residence
- 3. Business Premises
- 4. Agricultural Holdings
- 7. Compromise Settlements
- 8. Suretyship
- 1. The Effect of Suretyship Between the Creditor and the Surety
- 2. The Effect of Suretyship Between the Debtor and the Surety
- 3. The Effect of Suretyship Between Cosureties
- 9. Pledges
- 10. Loan
- 1. Loan for Use
- 2. Loan for Consumption
- 3. Loan at Interest
- 11. Contracts with the Government and Other Public Administrations
- 12. Contract of Civil Partnership
- 13. Quasi-Contracts
- 1. Negotiorum Gestio
- 2. Unjust Enrichment
- 3. Money Paid but not Due
- Index