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European contract law — the European Parliament’s prospective
ERA Forum, 2005On 23 February 2006, the Legal Affairs Committee of the European Parliament adopted a Report on European contract law and the revision of the acquis: the way forward (2005/2022(INI), A6-0055/2006 of 2 March 2006). The report is a response to the Commission’s Action Plan on Contract Law (COM (2003) 68), its communication of 11 October 2004 (COM (2004 ...
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The Function of European Contract Law – An Economic Analysis
European Review of Contract Law, 2008This paper aims at addressing a fundamental but somewhat neglected issue regarding the discussion of the function of European Contract Law. At a time when both academics and political actors show their interest in drafting a comprehensive body of rules meant to be available to market operators across Europe, a thorough analysis of the aims of such ...
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The CESL as a European Brand - Paypalizing European Contract Law
SSRN Electronic Journal, 2013According to the Commission, the main political goal behind the Common European Sales Law (CESL) is advancing cross-border trade between EU member states, thereby helping to further establish and strengthen a common market within the EU. The CESL is chosen and even symbolized by an already legendary blue button that consumers have to push in order to ...
Martin Engel, Johanna Stark
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The Commission Communication on European Contract Law: What Future for European Contract Law?
European Review of Private Law, 2002In the political context, the Communication from the Commission lies at the intersection of three converging tendencies of development: the ambitions on the part of the European Parliament concerning the harmonization of Private Law; the increasing amount of academic preparatory work; and the impetus provided by the European Council in Tampere.
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Efficiency and Justice in European Contract Law
European Review of Private Law, 2008Abstract: In the last century, refl ections on contract law have been almost entirely dominated by classical contract theory and laissez–faire ideology, while open considerations of effi ciency and justice have played a marginal role. The rise of European contract law has gradually led to the abandonment of traditional arguments typical of national ...
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Rules and Principles in European Contract Law
2015Table of Cases List of Authors IntroductionJacobien Rutgers and Pietro Sirena Principles versus Rules in the Emerging European Contract LawYehuda Adar and Pietro Sirena I. Introduction II. The Substantive Content and Analytical Structure of a Principle: A Critique of the Common View III. Principles and Rules IV. Principles of European Law V. Principles
Sirena, Pietro, Rutgers, Jacobien
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The Principle of Proportionality and European Contract Law
SSRN Electronic Journal, 2013The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an underlying principle of more specific rules of EU ...
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2017
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.
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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.
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Towards a European Law of Service Contracts
European Review of Private Law, 2001For a number of decades now, services have been the motor on which modern economies run. In societies such as ours, new services and therefore new contracts emerge almost daily. However, at present neither at a national level nor at the level of the European Union, a coherent legal framework exists on the basis of which service contracts may be ...
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Commentaries on European Contract Laws
2018The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to ...
Nils Jansen, Reinhard Zimmermann
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