
Published:
01 August 2018
Online ISBN:
9780191927829
Print ISBN:
9780198790693
Contents
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Section 1: Contents and Effects in General Section 1: Contents and Effects in General
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Introduction before Art 6:101 Introduction before Art 6:101
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Art 6:101: Statements Giving Rise to Contractual Obligations Art 6:101: Statements Giving Rise to Contractual Obligations
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Art 6:102: Implied Terms Art 6:102: Implied Terms
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I. Introduction I. Introduction
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II. Common law II. Common law
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III. Civil law III. Civil law
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IV. International instruments IV. International instruments
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Art 6:103: Simulation Art 6:103: Simulation
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Art 6:104: Determination of Price Art 6:104: Determination of Price
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Art 6:105: Unilateral Determination by a Party Art 6:105: Unilateral Determination by a Party
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Art 6:106: Determination by a Third Person Art 6:106: Determination by a Third Person
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Art 6:107: Reference to a Non-existent Factor Art 6:107: Reference to a Non-existent Factor
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Art 6:108: Quality of Performance Art 6:108: Quality of Performance
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Art 6:109: Contract for an Indefinite Period Art 6:109: Contract for an Indefinite Period
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Art 6:110: Stipulation in Favour of a Third Party Art 6:110: Stipulation in Favour of a Third Party
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Synthesis Synthesis
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Synthesis Art 6:110-1 ((1) based on DCFR II.-9:302 (a); (2) based on PICC 5.2.1 (2)): Rights and Remedies of the Third Party Synthesis Art 6:110-1 ((1) based on DCFR II.-9:302 (a); (2) based on PICC 5.2.1 (2)): Rights and Remedies of the Third Party
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Synthesis Art 6:110-2 (based on PICC 5.2.6, rst PECL 6:110 (2)): Renunciation Synthesis Art 6:110-2 (based on PICC 5.2.6, rst PECL 6:110 (2)): Renunciation
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Synthesis Art 6:110-3 (based on PICC 5.2.5): Revocation Synthesis Art 6:110-3 (based on PICC 5.2.5): Revocation
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Synthesis Art 6:110-4 (based on PICC 5.2.4): Defences Synthesis Art 6:110-4 (based on PICC 5.2.4): Defences
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Synthesis Art 6:110-5 (based on PICC 5.2.3): Exclusion and Limitation Clauses Synthesis Art 6:110-5 (based on PICC 5.2.3): Exclusion and Limitation Clauses
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I. Contracts in favour of third parties in contemporary European contract law I. Contracts in favour of third parties in contemporary European contract law
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II. Developments II. Developments
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III. Validity of the contract and enforceability of the right III. Validity of the contract and enforceability of the right
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IV. Existence and identity of the third party IV. Existence and identity of the third party
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880V. Mechanism for bringing the third party right into existence 880V. Mechanism for bringing the third party right into existence
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VI. Nature and content of the third party right VI. Nature and content of the third party right
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VII. Exclusion and limitation clauses in favour of third parties VII. Exclusion and limitation clauses in favour of third parties
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VIII. Renunciation of the right by the third party VIII. Renunciation of the right by the third party
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IX. Revocation and modification of the right by the contracting parties IX. Revocation and modification of the right by the contracting parties
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X. Defences of the promisor X. Defences of the promisor
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XI. Rights of the promisee XI. Rights of the promisee
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Art 6:111: Change of Circumstances Art 6:111: Change of Circumstances
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900I. Introduction 900I. Introduction
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II. History II. History
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III. Comparative analysis III. Comparative analysis
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IV. Strict interpretation of the rules on change of circumstances IV. Strict interpretation of the rules on change of circumstances
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V. Outlook V. Outlook
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Art 6:112: Right to Terminate for Compelling Reason Art 6:112: Right to Terminate for Compelling Reason
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Section 2: Unfair Contract Terms Section 2: Unfair Contract Terms
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Introduction before Art 6:201 Introduction before Art 6:201
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I. From national to European regulation I. From national to European regulation
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II. The politics of reviewing unfair contract terms II. The politics of reviewing unfair contract terms
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III. Unfair contract terms and the system of contract law III. Unfair contract terms and the system of contract law
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Art 6:201: Unfairness of Terms Art 6:201: Unfairness of Terms
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Synthesis ((1) and heading based on ACQP 6:301 (1); (2) based on CESL 83 (2)): Unfairness of Terms Synthesis ((1) and heading based on ACQP 6:301 (1); (2) based on CESL 83 (2)): Unfairness of Terms
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I. Introduction I. Introduction
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II. Consumers and businesses II. Consumers and businesses
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III. The European fairness test III. The European fairness test
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Art 6:202: Indicative List of Unfair Terms Art 6:202: Indicative List of Unfair Terms
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Synthesis (based on ACQP 6:305): Indicative List of Unfair Terms Synthesis (based on ACQP 6:305): Indicative List of Unfair Terms
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I. Lists of unfair terms I. Lists of unfair terms
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958II. The texts and their prohibitions 958II. The texts and their prohibitions
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Art 6:203: Terms not Individually Negotiated Art 6:203: Terms not Individually Negotiated
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Synthesis (based on Unfair Contract Terms Directive 3 (2); heading = DCFR II.-1:110): Terms not Individually Negotiated Synthesis (based on Unfair Contract Terms Directive 3 (2); heading = DCFR II.-1:110): Terms not Individually Negotiated
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I. Introduction I. Introduction
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II. Politics II. Politics
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968III. Definitions 968III. Definitions
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Art 6:204: Effects of Unfair Contract Terms Art 6:204: Effects of Unfair Contract Terms
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Synthesis (= ACQP 6:306): Effects of Unfair Terms Synthesis (= ACQP 6:306): Effects of Unfair Terms
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Art 6:205: Exclusions from Unfairness Test Art 6:205: Exclusions from Unfairness Test
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Synthesis (based on FS 78 (1) and (2)): Exclusions from Unfairness Test Synthesis (based on FS 78 (1) and (2)): Exclusions from Unfairness Test
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979I. Introduction 979I. Introduction
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II. Contract terms reflecting provisions of applicable law II. Contract terms reflecting provisions of applicable law
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III. Core terms and ancillary terms III. Core terms and ancillary terms
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Art 6:206: Transparency of Terms Art 6:206: Transparency of Terms
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Synthesis (= ACQP 6:302): Transparency of Terms Synthesis (= ACQP 6:302): Transparency of Terms
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I. Introduction I. Introduction
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II. Restating the acquis communautaire II. Restating the acquis communautaire
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988III. Systematic issues 988III. Systematic issues
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990IV. The concept of transparency 990IV. The concept of transparency
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Art 6:207: Mandatory Nature Art 6:207: Mandatory Nature
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Chapter
786Chapter 6 Contents and Effects
Get access
Pages
786–994
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Published:August 2018
Cite
Jansen, Nils, and Reinhard Zimmermann, 'Contents and Effects', Commentaries on European Contract Laws (New York , 2018; online edn, Oxford Academic), https://doi.org/10.1093/oso/9780198790693.003.0007, accessed 15 May 2025.
Abstract
Equally, the minimum—‘essential’—content of a contract is ultimately defined by the capacity of being ‘effective’ in the sense of providing a minimum of instructions necessary to serve as the basis of enforcement. The possible ‘content’ of a contract in such a general sense is, of course, determined by a plethora of rules governing contract formation, its interpretation, and the restrictions imposed by positive law and public policy.
Keywords:
Austrian law, Baldus de Ubaldis, Bundesgerichtshof, Cicero, English law, French law, German law, Geschäftsgrundlage, Iavolenus, Italian law, Justinian, Kündigung, Proculus, Seneca, Swiss law, Ulpian, Voraussetzungslehre
Subject
EU Law
Collection:
Oxford Scholarship Online
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