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Aurelia Colombi Ciacchi - Protection of Non-Professional Sureties in Europe: Formal and Substantive Disparity

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Aurelia Colombi Ciacchi (ed.)

Protection of Non-Professional Sureties in Europe: Formal and Substantive Disparity

Series: Schriftenreihe des Zentrums für Europäische Rechtspolitik der Universität Bremen (ZERP)

Volume 49 2007

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Gerard McCormack England, Scotland and Ireland S. 153-215

„… respect of any sums that it is required to pay to the creditor and by giving a principal debtor more time …” „… surety, without its consent, and for this reason, the surety is relieved of responsibility. The liability …” „… that by reason of this the surety’s position is altered to his detriment without his consent.’ 9 See …”

Sophie Vigneron France, Belgium and the Netherlands S. 103-153

„… applied, and that, in Belgian law, a lack of valid consent to the agreement is the result. An agreement …” „… attempt to argue either the voidability of the surety agreement on the basis that the surety’s consent …” „… object of the contract of suretyship is to guarantee a debt in the event the borrower cannot pay. The …”

Ulrich Drobnig Proposed European Rules on Surety Protection S. 341-360

„… pay, to render any other performance or to pay damages to the creditor by way of security is presumed …” „… longer entitled to invoke it. (3) The security provider may not invoke the lack of capacity of the …” „… nonperformance by or inability to pay of the debtor as well as of an extension of maturity; this notification …”

Aurelia Colombi Ciacchi Formal and Substantive Disparity in European Suretyship Law: A Comparative Summary S. 383-396

„… pay and other circumstances are to be taken into account. The lion’s share of the new Nordic …” „… vulnerable sureties a remedy not only when their consent is vitiated on ground of lack of information or …” „… 389 V. The Nordic Countries 391 C. The Proposal of the Study Group on a European Civil Code 392 D …”

Annina H. Persson The Nordic Countries S. 259-340

„… does not stipulate the consent of the husband or wife to a suretyship, even though the undertaking may …” „… guarantor’s recovery of what he may be forced to pay the creditor in the debtor’s stead. The guarantor has a …” „… recipient’s refusal of consent to the disclosure of confidential information. The question of the creditor’s …”

Gina Gioia Italy, Portugal and Slovenia S. 215-259

„… forth, but also on the possible ability to pay of the debtor. As a rule, the surety not acting on the …” „… him/her about the ability to pay of the debtor, but also to have accepted the obligation of the principal …” „… the agreement itself due to the defect of consent (articles 1427 and ff., of the Italian Civil Code …”

Mel Kenny The Uncommon Core of European Suretyship Law S. 361-383

„… miscarriage of another person.’ 28 Here the logic is that, where a debtor is given more time to pay, this …” „… material (France). By extension, a lack of consistency is disclosed as regards both the frequency with …” „… The lack of commonality in suretyships’ law is, to a large extent, due to the fragmentation of the …”

Peter Rott Germany and Austria S. 51-103

„… ) Lack of Knowledge The subjective element of abuse is absent if the creditor was not aware of the …” „… invoke their lack of knowledge.53 Only if the guarantor has deceived the creditor, may a lack of …” „… pay more than the debtor. He can set up all defences of the debtor against the creditor; see P. Mader …”

Christoph U. Schmid Private Suretyships as a Socio-Legal Crucible of Modern Civil Law S. 21-43

„… consent to assuming the obligation often out of reasons of family solidarity, even if this involves a …” „… of assets between close family members with the purpose of evading the obligation to pay back a loan …” „… , in the context of culpa in contrahendo, the creditor’s negligent lack of knowledge in respect of the …”

doi.org/10.5771/9783845205366

Zoran Pokrovac - Rechtsprechung in Osteuropa

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Zoran Pokrovac (ed.)

Rechtsprechung in Osteuropa

Series: Studien zur europäischen Rechtsgeschichte

Volume 275 2012

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A. Rudokvas "Labour-ownership" contra abstraktes Eigentum S. 455-VI

„… , the answer must be negative, because of the lack of succession between the persons B and C. C was a …” „… general principles of law, because of the lack of necessary instruction in the statute, and in this …” „… . 253; »With the consent, expressed or implied, of the community to which he belongs, an individual …”

R. Ghidau The regulation and legal practice of the institution of the family before and after the publication of the Romanian Civil Code S. 113-172

„… conclusion or dissolution of marriage, and in inheritance proceedings. The lack of documents concerning …” „… the parents without the consent of the affianced couple or without their even being present. In some …” „… offender (»rapist of virgins«), and was punished as such. Besides the consent of the betrothed, the parents …”

D. Prislin-Krbavski Administrative and judicial practice of the peasant communal joint-family in Croatia of the late 19th century S. 377-454

„… consent of the squire at his own will, unbound by any laws except the minimum permissible area of the …” „… loans if they were not certain about the pay back of the loans. Since the communal joint-families were …” „… communal joint-families and transfer of the property to an individual who would pay off the others. Most of …”

D. Cepulo Trial by Jury in Croatia 1849-1918 S. 1-112

„… . The main drawback of such reports was the lack of a comprehensive approach to reporting the whole …” „… is the lack of detail concerning the ages or religious affiliation of the jurors involved in the …” „… particularly important role in this. In the debate on trial by jury, its opponents emphasised the lack of …”

doi.org/10.5771/9783465141686

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Peter Mankowski (ed.)

Commercial Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

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Eckart J. Brödermann Article 9.2.1 (Modes of transfer) S. 741-742

„… valid.8 Without such consent, and subject to ‘an essentially personal character of the obligation’ (Art …” „… the consent of the obligee the original obligor may be discharged, subject to Art. 9.2.5(1) and …” „… original obligor with immediate effect13 is possible and effective without the consent of the original …”

Christoph Brunner, Michael Schifferli Article 35 CISG S. 190-196

„… to import the goods without having to pay custom taxes. 17 OGH, 13.4.2000, CISG-online 576 (lack of …” „… subparagraphs (a) to (d) of the preceding paragraph for any lack of conformity of the goods if, at the time of …” „… the conclusion of the contract, the buyer knew or could not have been unaware of such lack of …”

Marco Torsello Article 30 CISG S. 156-162

„… board the named vessel.15 It is then the buyer, and not the seller, who must take care of, and pay for …” „… existence of legal systems where property passes from the seller to the buyer by mere consent, as opposed to …” „… secondary requirement the expression of consent of the parties to the proprietary effects. The additional …”

Stefan Kröll Article 39 Assignment of Proceeds S. 1504-1531

„… 10.6 4–5 Assignee – defined UNIDROIT 9.3.1 3 Assignment of contracts – advance consent of the other …” „… 4 – requirement of consent of the other party UNIDROIT 9.3.3 – rights transferred with the contract …” „… pay CISG 57 1 – time to pay CISG 59 1 Quality of the goods – contractual agreements CISG 35 6 …”

Sebastian Omlor Article 26 CISG S. 143-145

„… . Second, the lack of other documents that are indispensable for a processing or resale of the goods …” „… ordering the avoidance of the contract.10 Moreover, there is no need for consent with the other party. The …” „… declaration of avoidance bases on a unilateral decision of the entitled party. There is no consent among …”

Martin Schauer, Magdalena Gruber Article 3 Transactions between undertakings S. 1321-1333

„… region failed to pay timely for goods and services already provided. The suppliers assigned some of the …” „… debtor therefore cannot argue non-responsibility for the delay due to lack of funding.19 Moreover, there …” „… , the Court of Appeal ordered the association to pay inter alia interest for late payment for the period …”

doi.org/10.5771/9783845276564

Philipp E. Heer - Die Abtretung von Darlehensforderungen durch Banken zu Refinanzierungszwecken

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Philipp E. Heer

Die Abtretung von Darlehensforderungen durch Banken zu Refinanzierungszwecken

Series: Nomos Universitätsschriften - Recht

Volume 714 2011

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wesentliche Passagen des Uniform Commercial Code S. 262-265

„… , the right to enforce the obligation of a party to pay aninstrument is subject to the following:(1) a …” „… simplecontract, (ii) duress, lack of legal capacity, or illegality of the transaction which, under other …” „… extent that it:(1) prohibits, restricts, or requires the consent of the account debtor or person …”

doi.org/10.5771/9783845230849

Europäisches Zentrum für Föderalismus-Forschung Tübingen (EZFF) - Jahrbuch des Föderalismus 2013

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Europäisches Zentrum für Föderalismus-Forschung Tübingen (EZFF) (ed.)

Jahrbuch des Föderalismus 2013

Series: Jahrbuch des Föderalismus

Volume 2013

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Charlie Jeffery Ever Looser Union in the United Kingdom: Latest Developments in Scotland and England S. 404-418

„… UK Parliament lacks a capacity to focus directly on England just at the point when the balance of …” „… . This lack of support for the status quo, combined with an openness to England-specific institutional …” „… known as the principle of legislative consent and though there is the proviso of ‘not normally’, that …”

doi.org/10.5771/9783845250885

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