Comparative foundations of a European law of set-off and prescription / Reinhard Zimmermann.

Cambridge : Cambridge University Press, 2002.

24240

Civil law -- Europe.

Limitation of actions.

Set-off and counterclaim.

Introduction: Towards a restatement of the European law of obligations

1. The Europeanization of private law and legal scholarship

2. The commission on European contract law

3. Objectives of the principles of European contract law

4. The idea of codification today

5. Other projects

I. Contours of a European law of set-off: 1. Six preliminary points

2. Procedural or substantive nature of set-off?

3. Set-off ipso iure or by declaration

4. The requirements for set-off

5. Situations where set-off is excluded

6. Miscellaneous problems

7. Summary

II. Liberative prescription I: the core regime: 1. Policy considerations

2. Legal literature and law reform

3. Prescription of claims and limitation of actions

4. Striking the balance

5. The argument for uniformity

6. The development of the law of liberative prescription: international trends

7. The core regime

8. The long-stop period

9. Implementing the core regime

III. Liberative prescription II: additional issues: 1. Prescription of a claim established by legal proceedings

2. The effect of judicial proceedings on the period of prescription

3. Renewal of prescription

4. Suspension in cases of an impediment beyond the creditor's control

5. Extension in cases of incapacity

6. Close personal ties as grounds for extension

7. Prescription of claims by or against an estate

8. Extension as a result of negotiations

9. Fraus omnia corrumpit?

10. Some details concerning extension and commencement

11. Effects of prescription

12. Agreements concerning prescription

13. Summary.

Index.

0521814618

xi, 182 p.