Principles of European Law: Personal Security(European Civil Code Series)

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany) and Staempfli Publishers Ltd. (Switzerland).

Table of Contents:
Professor von Bar: FOREWORD Professor Drobnig: Preface Text of the Rules English Danish Dutch French German Italian Spanish Introduction Text, Comments and National Notes I Common Rules Article x:101: Definitions Article x:102: Scope Article x:103: Freedom of Contract Article x:104: Creditor's Acceptance Article x:105: Interpretation Article x:106: Co-debtorship for Purposes of Security Article x:107: Several Security Providers Article x:108: Rights After Performance by One or More of Several Security Providers Article x:109: Recourse Against the Debtor After Performance by One or More of Several Security Providers Article x:110: Subsidiary Application of Rules on Solidary Debtors II Dependent Personal Securities (Suretyship Guarantees) Article x:201: Presumption for Dependent Personal Security Article x:202: Terms and Extent of the Security Provider's Obligations Article x:203: Debtor's Defences Available to the Security Provider Article x:204: Coverage of Security Article x:205: Solidary Liability of Security Provider Article x:206: Subsidiary Liability of Security Provider Article x:207: Creditor's Obligations of Notification Article x:208: Time Limit for Resort to Security Article x:209: Limiting Security Without Time Limit for Secured Obligations Article x:210: Creditor's Liability Article x:211: Debtor's Relief for the Security Provider Article x:212: Security Provider's Obligations Before Performance Article x:213: Security Provider's Rights After Performance III Independent Personal Securities (Indemnities/Independent Guarantees) Article x:301: Scope Article x:302: Security Provider's Obligations before Performance Article x:303: Independent Personal Security on First Demand Article x:304: Manifestly Abusive or Fraudulent Demand Article x:305: Security Provider's Right to Reclaim Performance Article x:306: Securities With or Without Time Limits Article x:307: Transfer of Security Article x:308: Security Provider's Rights After Performance IV Special Rules for Personal Securities by Persons Requiring Special Protection Article x:401: Scope of Application Article x :402 : Mandatory Provisions Article x:403: Creditor's Precontractual Obligation of Information Article x:404: Door-to-Door Security Transactions Article x:405: Form Article x:406: Nature of Security Provider's Liability Article x:407: Creditor's Obligation of Annual Information Article x:408: Limiting Security With Time Limit for Secured Obligations