Juan Carlos Dastis, Das Rücktrittsrecht des Käufers im Europäischen Privatrecht
| Date | 01 January 2019 |
| Pages | 147-148 |
| DOI | 10.3366/elr.2019.0542 |
| Published date | 01 January 2019 |
This research monograph analyses the buyer's right to withdraw from a contract of sale in European private law. The book is, as stated in the foreword, the author's PhD thesis submitted in November 2016 at the Bucerius Law School Hamburg; this circumstance is noticeable in both the structure and presentation of the research undertaken as well as the (regrettable) fact that no index exists; the latter impacts on the usability for academics and practitioners alike who might want to quickly refer to a particular issue. However, these observations should neither be taken as a negative indicator of the quality of the analysis nor of the value of the research undertaken: while, in many European countries, the publication of one's doctoral thesis is a requirement for the award of a PhD, there are numerous examples of such doctoral theses being very useful and valuable pieces of research. Indeed, one might say that the mere fact that Dastis's work is published in NOMOS's well respected Europäisches Privatrecht series is already proof of quality of the research undertaken.
The book is divided into seven chapters and the actual text comprises 329 pages, which is followed by an extensive bibliography (33 pages). Chapter one (“Grundlagen”) sets the scene regarding the buyer's right to withdraw from a contract of sale and details the basics of the study by giving an overview of the various attempts to harmonise European private law over the years as well as the scope and aims of the research project. Chapter two (“Interessen und Grundlagen”) positions the right to withdraw from a contract of sale as a means to solve the underlying conflict between the seller's and the buyer's interests. In so doing, Dastis addresses not only questions which might be considered to be of practical importance to the buyer (Ch 2 part A.II.) and the seller (Ch 2 part A.III.) but also several points (such as the issue of synallagmatic contracts where the author explicitly refers to the jurisdictions of England, France and Germany) which might be said to reflect, and to form, the theoretical foundations of the right to withdraw from a sales contract. Chapter two also contains – as indicated by Dastis himself for the sake of completeness – a concise, yet comprehensible discussion of the economic analysis of the right to withdraw from a contract. Linking back to the discussion of synallagmatic contracts in England, France and Germany earlier in the chapter, chapter two closes with a brief...
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