Over the last few years increasing attention continues to be paid to the
Principles of European Contract Law (otherwise known as the Principles, the
Lando Principles or PECL). The drafters of the Principles presented their work
in the form of articles accompanied by explanatory notes, averring that the
main purpose of the instrument is to serve as a basis for a future European
contract law. Can the Lando Principles, as their drafters claim, indeed offer
an acceptable basis for a future European contract law? Dr. Busch, both
scholar and practitioner, offers a detailed analysis, in response to this
question, of the contractual aspects of indirect representation (Arts.
3:301-304 PECL). He evaluates these provisions in the light of Dutch, German,
and English law, as well as with reference to the Geneva Convention on Agency
in the International Sale of Goods.
To introduce this important comparative study and make the background as
complete as possible, this book devotes separate chapters to thorough
discussions of indirect representation in Dutch law (middellijke
vertegenwoordiging Arts. 7:419-421 Dutch Civil Code), in German law
(mittelbare Stellvertretung) and in the English doctrine of the undisclosed
principal. Lawyers in Europe and elsewhere who must deal with contract law in
any connection, will find this thoroughly researched and well-thought-out text
to be indispensable. Its value as a scholarly analysis can only grow with the
coming years.
D. Busch (b. 1974) graduated (cum laude) in Dutch law from the
University of Utrecht in 1997. He attained the title of Magister Juris in
European and Comparative Law at the University of Oxford (St. John's College)
in 1998, and defended his dissertation in 2002 at the University of Utrecht.
Until the end of 2001 he was attached as lecturer and researcher to the
Molengraaff Institute of Private Law in Utrecht. Since 2002 he has worked as
an attorney-at-law for the law office of De Brauw Blackstone Westbroek in
Amsterdam. He has also been an honorary senior lecturer at the Molengraaff
Institute since 2004. Principles of European Contract Law 3
Preface, Selected List of Abbreviations,
Chapter 1 Introduction I A European
contract law
II Indirect representation in European contract law
III
Research method
IV Structure of the thesis
Chapter 2 Dutch law I Introduction
II Direct and indirect
representation
III The ‘in the name of’ requirement
IV
Articles 7:419-421 DCC: general provisions on indirect representation?
V
The problem of the Drittschaden
VI Direct actions
VII Summary
Chapter 3 German law I
Introduction
II Direkte and mittelbare Stellvertretung
III The
Offenkundigkeitsprinzip
IV The problem of the Drittschaden
V
Direct actions
VI Summary
Chapter 4 English law I Introduction
II
Disclosed and undisclosed agency
III Third party loss
IV The
doctrine of the undisclosed principal
V The position of the commission
agent in English law
VI Summary
Chapter
5 The UNIDROIT Agency Convention I Introduction
II Brief history
III Scope of the Convention
IV The concept of agency examined more
closely
V The problem of Drittschaden
VI The possibility of
direct actions between principal and third party under Article 13 UAC
VII
Summary
Chapter 6 The Principles of European Contract
Law I Introduction
II Brief history, composition and procedure of
the Lando Commission
III Purposes of the Principles
IV Criticism
of the Principles
V Authority of Agents
VI Direct and indirect
representation
VII The problem of Drittschaden
VIII Direct
IX
Summary
Chapter
7 Comparative law evaluation I Introduction
II The scope of Chapter
3 (Authority of Agents)
III The structure of Chapter 3 (Authority of
Agents)
IV Indirect representation: the application requirements
V
The primary legal consequence of indirect representation: a contractual
connection between the third party and the intermediary
VI The
secondary legal consequences of indirect representation: general
VII
The secondary legal consequences of indirect representation:
Drittschadensliquidation
VIII The secondary legal consequences of
indirect representation: direct actions
IX Conflict of interest
Chapter 8 Conclusion Appendix
I Appendix
II Appendix
III Table of Cited Literature, Table
of Cases, Table of Legislation, Index, Samenvatting Nederlands, Summary
English, Zusammenfassung Deutsch
