European Contract Law

2021 ◽  
Author(s):  
Reiner Schulze ◽  
Fryderyk Zoll
Keyword(s):  
21St Century ◽  
National Level ◽  
Contract Law ◽  
Court Decisions ◽  
Private Law ◽  
European Contract ◽  
Eu Legislation ◽  
Fundamental Information ◽  
Different Sources ◽  
European Contract Law

This 3rd edition provides information on core EU legislation as well as academic projects in order to unlock the content, approaches and objectives of European contract law. European contract law is not only a core aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law’s contribution and significance are often overlooked and its content, approaches and objectives not fully understood. This revised and updated 3rd edition unlocks European contract law by providing fundamental information about core EU legislation, court decisions, and academic projects in order to show how a system arises from the interaction between the different sources. Moreover, this 3rd edition takes into account the recent legislative responses to digitalization and the development of a contract law for the 21st century.

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.

Introduction

2021 ◽  
pp. 1-15
Author(s):  
Martijn W. Hesselink
Keyword(s):  
Contract Theory ◽  
Contract Law ◽  
Private Law ◽  
European Law ◽  
European Contract ◽  
Methodological Nationalism ◽  
Political Theories ◽  
Normative Foundations ◽  
European Contract Law

This chapter provides the introduction to the book. It sets out how it will explore the normative foundations of European contract law by addressing fundamental political questions on contract law in Europe from the perspective of leading contemporary political theories. It states the book’s main aims and starting points, and introduces its methodology. The chapter also explains how the approach and focus of this study differs from all other contributions to contract theory, private law theory, and the theory of European law—in particular how it aims to move the debate beyond acquis positivism, market reductionism, normative intuitionism, private law essentialism, and methodological nationalism.

Harmonisation of European Contract law the Influence of Comparative law

2001 ◽  
Vol 50 (4) ◽  
pp. 877-900 ◽  
Author(s):  
Klaus Peter Berger
Keyword(s):  
European Integration ◽  
Decisive Role ◽  
Comparative Law ◽  
Contract Law ◽  
Private Law ◽  
European Contract ◽  
Strong Link ◽  
German Association ◽  
European Contract Law

It is generally acknowledged today that comparative law plays a decisive role in the harmonisation of European private law, in particular of European contract law.1 Dölle has emphasised this strong link between comparative law and European integration as early as 1950 in his report on the refoundation of the German Association of Comparative Law:

scholarly journals WEWNĘTRZNY RYNEK UBEZPIECZEŃ A HARMONIZACJA KONTRAKTU UBEZPIECZENIOWEGO

2017 ◽  
Vol 4 (2) ◽  
pp. 41
Author(s):  
Zdzisław Brodecki ◽  
Katarzyna Malinowska
Keyword(s):  
Product Liability ◽  
Contract Law ◽  
Insurance Contract ◽  
Private Law ◽  
European Contract ◽  
Insurance Contracts ◽  
General Contract Law ◽  
European Insurance ◽  
The Impact ◽  
European Contract Law

Tendencies on Internal Insurance Market vis a vis Harmonization of European Insurance Contract LawSummaryIn the paper, the authors describe the main contemporary process which takes place w ithin the insurance contract law in Europe - viz the Euro-merge of private law, as well as the evolution of the insurance contract law during the last decades. The process o f the unification of European private law will also affect the insurance contract law. First of all the impact o f the development o f the ideas shaped in a form of general contract law drafted as the Restatement of the Principles of European Contract Law by the „Lando Group” is undeniable. These rules also applicable to some extent to insurance contracts show that the process of the unification o f insurance contract law cannot be stopped and that it will constantly develop. There can also be observed a process of a specific European com m on law being developed in Europe in different branches, such as product liability, consumer protection, etc. This already influences the harmonization o f the European insurance contract law, and the obstacles to harmonization, existing even ten years ago, have disappeared. The Restatement o f Insurance Contract Law being in preparation by the „Group of Innsbruck” will probably constitute a basis for a future codification o f the insurance contract law.

Comparative Law and the Europeanization of Private Law

2019 ◽  
pp. 556-598
Author(s):  
Reinhard Zimmermann
Keyword(s):  
Comparative Law ◽  
Contract Law ◽  
Private Law ◽  
Consumer Contract ◽  
European Contract ◽  
The Past ◽  
Core Areas ◽  
The Moment ◽  
The Many ◽  
European Contract Law

The gradual emergence of a European private law is one of the most significant contemporary legal developments. Comparative law scholarship has played an important role in this process; in turn, it has received a boost as a result of the ‘Europeanization of private law’ agenda. The present essay attempts to provide an overview of the new types of literature that have been created, of new perspectives that have been opened up, of new approaches that have been tried, and of the transnational networks that have been established. Within the traditional core areas of private law, contract law has been at the centre of attention. Apart from the many Directives, particularly in the field of consumer contract law, a prodigious number of reference texts has been produced and, for some time, a codification of European contract law appeared to be imminent. That plan has now collapsed, and the institutionalized ‘Europe’ is, at the moment, facing strong headwinds. One of the challenges faced by comparative scholarship consists in preserving the momentum that has been build up over the past three decades. The European Law Institute, founded in 2011, may emerge as an important platform to advance the Europeanization of private law through facilitating and stimulating transnational comparative study.

Unifying European Contract Law: Identifying a European Pre-contractual Obligation to Inform

2005 ◽  
Vol 7 ◽  
pp. 135-159
Author(s):  
Paula Giliker
Keyword(s):  
Common Core ◽  
Contract Law ◽  
Private Law ◽  
European Contract ◽  
Acquis Communautaire ◽  
Cambridge University ◽  
Contractual Obligation ◽  
Obligation To Inform ◽  
European Contract Law

The movement towards common principles of European contract law has been described as inevitable. In the words of one of its foremost proponents, ‘it is a historic law that this unification is going to happen sooner or later’. It has been difficult to ignore in recent years the volume of work discussing developments in this area of law. One might note, in particular, the Private Law in European Context series published by Kluwer Law International and the Cambridge University Press Common Core of European Private Law project. Further, the publication of Communications by the EC Commission in 2001, 2003 and 2004 has served to promote an ongoing discussion on the nature and quality of the acquis communautaire and the ‘opportuneness’ of any form of non-sector-specific instrument in the area of European contract law. Such intervention, it has been said, forms ‘the riggings of a ship which is about to set sail’.

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