Download European Contract Law - Law of Contract - Lecture Slides and more Slides Contract Law in PDF only on Docsity! International Commercial Law Towards a Common Contract Law? Docsity.com Vision: A common (European) contract law • Assumption: – Plurality of systems is confusing – Conflict rules are complicated – Domestic legal system are meant for domestic transactions • Vision: – An international system deriving from the parties’ own practice Docsity.com Principles of European Contract Law • ”Commission on European Contract Law” • 1995-2002: PECL I,II and III: http://www.cbs.dk/departments/law/staff/ol/c ommission_on_ecl/ • Aim of PECL – Binding for all EU public contracts – Binding for private contracts, if referred to by parties – Long term: binding for all contracts Docsity.com Commission’s Communication • Communication from the Commission to the Council and the European Parliament on European Contract Law – COM (2001) 398 final, 11.7.2001 • Requests comments on four alternatives: – Leave it to market forces – Through research establish general European principles – Improve coherence of existing European law – Enact a European code Docsity.com The answers to the Communication • 181 answers • Each alternative has been supported and criticised • Working groups established to develop each alternative (especially 2 and 4) • In some academic circles focus on answer from: – Commission on European Contract Law and Study Group on a European Civil Code (PECL) Docsity.com Common Frame of Reference • Communication by the European Commission ”European contract law and the revision of the acquis: the way forward”,COM(2004) 651 final • A legislator’s guide or tool-box – Commn fundamental principles – Definitions of key concepts – Model rules Docsity.com Draft Common Frame of Reference • Academic DCFR published:C. Von Bar, E.Clive, H. Schulte-Nölke et al. (eds.), Principles, Definitions and Model Rules of European Private Law – Draft Common Frame of Reference (DCFR), 2008 • Based on PECL • Criticised, i.a. in English House of Lords European Union Committee, Social Policy and Consumer Affairs (Sub- Committee G), 12th Report of Session 2008-09, European Contract Law: the Draft Common Frame of Reference Report with evidence, 10 June 2009, http://www.publications.parliament.uk/pa/ld2008 09/ldselect/ldeucom/95/95.pdf Docsity.com From harmonisation to mutual recognition? • Feb.09: CFR project transferred from Consumer Affairs Directorate to Justice, Freedom and Security Directorate. • Jonathan Faull, Director General: “the thrust is very much one of mutual recognition rather than harmonization”- House of Lords Report 10.06.09, question 143 Docsity.com Partial Impediment • Unidroit: Not regulated (art.1.6: gap filling by autonomous interpretation, 1.8 usages between the parties, generally acknowledged usages) • PECL: Not regulated (art.1:106(2): gapfilling by autonomous interpretation, otherwise governing law) Docsity.com Amendments to a contract • Art. 1.3 Unidroit: Contract may be modified in accordance with its terms or by agreement. Art. 1.4: Principles cannot derogate from overriding mandatory rules of the governing law. • PECL: Idem Docsity.com Application of the Restatements - II • Do the Restatements ensure a uniform application where they contain a regulation? Docsity.com Application of Restatements • As an integral part of the contract, if they have been incorporated by the parties – Not applicable if contrast with mandatory governing law (art. 1.4) • As an expression of trade uses, if they have not been incorporated – To corroborate governing law – Rarely as an independent source of law Docsity.com Conclusion • Common Contract Law as a tool towards unification? – Unification is not exhaustive – Even unified wording is interpreted in light of interpreter’s own legal background • Different legal systems will continue to survive long after unification (if any) Docsity.com
