scholarly journals Termination of the contract: Principles of European Contract Law and the Law on Obligations of the Republic of Macedonia

2015 ◽  
Author(s):  
Faton Shabani
Keyword(s):  
Contract Law ◽  
European Contract ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
European Contract Law

‘Fraud’ and ‘Misleading Commercial Practices’: Modernising the Law of Defects in Consent

2016 ◽  
Vol 2016 (4) ◽  
Author(s):  
Francesco Paolo Patti
Keyword(s):  
Law And Economics ◽  
Contract Law ◽  
European Contract ◽  
Consumer Law ◽  
A Value ◽  
The Law ◽  
Civil Codes ◽  
The Relationship ◽  
Market Strategies ◽  
European Contract Law

AbstractThe rules provided by the civil codes on defects in consent were designed at a time when the notion of consumer law did not exist and fairness at the pre-contractual stage was not widely considered as a value worthy of protection. Matters have changed radically in the last three decades. The proliferation of rules protecting consumers on a European level, especially through information duties and rights of withdrawal, and the growing impact of general clauses, has led to a fragmentation of domestic contract law. This clash of different sets of rules is particularly conspicuous in the field of unfair commercial practices as the European legislator has not made provision for specific private law remedies for individual consumers in cases of misleading and aggressive commercial practices. This article addresses the particular issue of the applicability of the law of fraudulent misrepresentation to cases of misleading commercial practices. The purpose is to reconsider ‘fraud’ in terms of a defect in consent, in a manner that is both more in line with the modern features of European contract law and better able to counteract new market strategies based on exploiting cognitive weaknesses. The focus is thus put on the relationship between pre-contractual information duties and defective consent, as well as on some insights of law and economics, which demonstrate that ‘consent theories’ or ‘will theories’ cannot provide precise criteria to indicate when a contract should be void. In conclusion, a possible legislative intervention aiming to substitute the rules on fraud for a set of remedies for violation of information duties is discussed.

scholarly journals The Revision of the Rome Convention of 1980 on the Law Applicable to Contractual Obligations–A Crucial Role within the European Contract Law Project?

2003 ◽  
Vol 72 (3) ◽  
pp. 341-367
Author(s):  
Ana López-Rodríguez
Keyword(s):  
European Commission ◽  
Crucial Role ◽  
Action Plan ◽  
Contract Law ◽  
Green Paper ◽  
European Contract ◽  
Rome Convention ◽  
The Law ◽  
Contractual Obligations ◽  
European Contract Law

AbstractThis article deals with some of the issues addressed in the Action Plan on a more coherent European contract law, COM (2003) 68 final, in connection with the Green Paper of the European Commission of 14 January 2003, COM (2003) 654 final, on the conversion of the Rome Convention of 1980 on the law applicable to contractual obligations into a Community instrument and its modernization. It argues ways in which both initiatives may complement each other towards a smoother functioning of the internal market.

Choice of Law in b2b Contracts: the Law of the Jungle

2018 ◽  
Vol 14 (3) ◽  
pp. 241-268 ◽  
Author(s):  
Jacobien Rutgers
Keyword(s):  
Qualitative Interviews ◽  
Contract Law ◽  
Regulatory Competition ◽  
Future Research ◽  
European Contract ◽  
Choice Of Law ◽  
Guiding Principle ◽  
The Law ◽  
Business Sectors ◽  
European Contract Law

Abstract Is the law of the jungle the guiding principle with respect to choice of law clauses in international contracts between businesses (b2b contract)? Does a choice of law imply the rule of the strongest party? These and other questions are discussed in the light of 18 exploratory qualitative interviews with Dutch senior practising lawyers (advocaten). Lawyers were interviewed, since it is often presumed that they play an important role with respect to a choice of law in the pre-contractual phase. However, the perception of lawyers with respect to a choice of law is underresearched. The interview findings are discussed and compared to the data concerning a choice of law in the context of the debates about a common European contract law, regulatory competition, self-enforcing contracts and the legal origin theory. Finally, questions for future research are formulated. For instance, in the empirical research conducted sofar, no specific attention has been paid to small and medium sized businesses. Had they been considered, the outcome could have been different. The same may be said with respect to the different business sectors and the countries where the companies are established.

scholarly journals THE NEW FRENCH LAW OF CONTRACT

2017 ◽  
Vol 66 (4) ◽  
pp. 805-831 ◽  
Author(s):  
Solène Rowan
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
French Law ◽  
European Contract ◽  
Recent Reform ◽  
English Law ◽  
The Law ◽  
International Instruments ◽  
European Contract Law

AbstractThe article analyses the recent reform of contract law in France. The section of the Civil Code on the law of contract was amended and restructured in its entirety last year. The revised section came into force on 1 October 2016. The article considers its main innovations and compares them with the corresponding principles of English law and some contract law international instruments, mainly the UNIDROIT Principles and the Principles of European Contract Law. The article also assesses whether the new provisions achieve their stated aim of rendering French contract law more accessible, predictable, influential abroad and commercially attractive.

Democratic Basis

2021 ◽  
pp. 68-143
Author(s):  
Martijn W. Hesselink
Keyword(s):  
Contract Law ◽  
Democratic Legitimacy ◽  
Institutional Choice ◽  
Central Question ◽  
European Contract ◽  
The Law ◽  
The Relationship ◽  
Law Making ◽  
European Contract Law

This chapter concerns the relationship between contract law and democracy. The central question is whether contract law, in order to be legitimate, must have a democratic basis, and what this would entail. This leads to a normative institutional comparison between legislators, courts, legal academics, and economic-sectoral experts as the protagonists in contract law making. In addition, beyond the matter of institutional choice, the question of democratic legitimacy may lead to the question of whether there are any limits as to the kind of reasons (‘public reasons’) that can justify the law, in our case European contract law.

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