scholarly journals Towards a Theory of Imprévision in the EU?

2018 ◽  
Vol 14 (4) ◽  
pp. 344-373
Author(s):  
Mitja Kovac ◽  
Cristina Poncibò
Keyword(s):  
Comparative Analysis ◽  
Conceptual Framework ◽  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
The Many ◽  
The Eu ◽  
European Contract Law ◽  
Code Civil

Abstract The problem of excuse for non-performance of contracts caused by changed circumstances is, despite its long history in contract law scholarship, far from being resolved. This paper is based on the dialogue between two colleagues from different academic backgrounds and comparatively investigates German, French, Italian and English approaches and current developments in the field. First, the paper questions whether the doctrine of changed circumstances (or imprévision) remains a mere exception, or whether it is possible to argue that, by considering the latest developments, it may represent a model in European contract law. This issue has recently attracted the attention of the French legislature in its modernization of the Code Civil. Second, by examining the many different national doctrines, the paper aims to reconstruct and clarify, through comparative analysis performed, the conceptual framework of such a theory by discussing, in particular, issues of contract interpretation, presupposition, causation, good faith, fairness and solidarity.

European Contract Law

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Comparative Analysis ◽  
Common Law ◽  
Contract Law ◽  
Third Party ◽  
European Contract ◽  
English Edition ◽  
Academic Literature ◽  
Work Done ◽  
European Contract Law ◽  
Code Civil

This new edition of European Contract Law examines the contract rules of several different European jurisdictions, including the most important civilian systems and English common law, while attempting to articulate general principles which are common in all of them. While the first edition was limited to a comparative analysis of the rules on formation and validity of contracts, agency, third party beneficiaries, and assignment, the second edition now also includes contractual remedies and various updates and revisions of the first edition, especially in light of the recent changes to the French Code civil. Furthermore, the book comprises a wealth of translated extracts of legislation, cases, and academic literature, comprehensively covering all aspects of contract law. The book was originally published in German to considerable acclaim. This English edition has been translated by Gill Mertens, building on the work done by the translator of the first edition, Tony Weir. This edition will be invaluable to scholars and practitioners in Europe and beyond.

scholarly journals Responsibility for dishonest negotiations: Comparative analysis

2012 ◽  
Vol 64 (1) ◽  
pp. 82-102
Author(s):  
Samir Manic
Keyword(s):  
Comparative Analysis ◽  
Conceptual Framework ◽  
Contract Law ◽  
Great Role ◽  
European Contract ◽  
The Balkans ◽  
Eu Countries ◽  
Secondary Sources ◽  
European Contract Law ◽  
Court Practice

The author analyzes the regulation of institutes of responsibility for dishonest conducting of negotiations in normative acts of certain EU countries and the Balkans. He analyzes the rules of behavior of parties during negotiations established through the court practice and theory in Switzerland, Germany, France and Hungary. In the paper the regulations of the most significant secondary sources of Contract Law have also been included and they are as follows: the Principles of European Contract Law (PECL) and Common Conceptual Framework (DCFR). Because of the great role in the regulation of pre-contract relationships, the author has devoted considerable attention to the principle of scruple and honesty.

Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness

2005 ◽  
Vol 7 ◽  
pp. 81-99
Author(s):  
Hugh Collins
Keyword(s):  
European Commission ◽  
Contract Law ◽  
Frame Of Reference ◽  
Legislative Process ◽  
Private Law ◽  
European Law ◽  
European Contract ◽  
Common Frame Of Reference ◽  
European Contract Law ◽  
Code Civil

Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.

Harmonisation of European Contract Law: Citizenship, Diversity and Effectiveness

2005 ◽  
Vol 7 ◽  
pp. 81-99
Author(s):  
Hugh Collins
Keyword(s):  
European Commission ◽  
Contract Law ◽  
Frame Of Reference ◽  
Legislative Process ◽  
Private Law ◽  
European Law ◽  
European Contract ◽  
Common Frame Of Reference ◽  
European Contract Law ◽  
Code Civil

Proposals from the European Commission to work towards greater harmonisation of contract law, and indeed private law more generally, have been described in terms that apparently distance these plans from the introduction of a code civil europa. Nevertheless, the programme for developing ‘non-sector-specific measures’ into a ‘common frame of reference’ constitutes in its fundamentals and aspirations the ambition to create a European law of contract. And the method for the construction of this code replicates the process devising the great European codes of the nineteenth century: a painstaking scholarly endeavour to find consistency and coherence in the divergent national private law systems, except that no legislative process is foreseen.

Part III Harmonization of General Contract Law, 16 Restatements of Contract Law

2015 ◽  
Keyword(s):  
Contract Law ◽  
Good Faith ◽  
European Contract ◽  
Freedom Of Contract ◽  
Substantive Content ◽  
Advantages And Disadvantages ◽  
Specific Performance ◽  
General Contract Law ◽  
European Contract Law

This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration and their relative advantages and disadvantages.

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