Liberal, social and "ethical" justice in European contract law
In: Common Market Law Review, Volume 43, Issue 3, p. 817-833
ISSN: 0165-0750
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In: Common Market Law Review, Volume 43, Issue 3, p. 817-833
ISSN: 0165-0750
In: Common Market Law Review, Volume 43, Issue 2, p. 612-614
ISSN: 0165-0750
In: Common market law review, Volume 43, Issue 2, p. 612-613
ISSN: 0165-0750
In: European review of contract law: ERCL, Volume 1, Issue 1
ISSN: 1614-9939
In: Rabels Zeitschrift für ausländisches und internationales Privatrecht: The Rabel journal of comparative and international private law, Volume 67, Issue 2, p. 231
ISSN: 1868-7059
In: European Review of Private Law, Volume 8, Issue 1, p. 59-69
ISSN: 0928-9801
This article argues in favour of a Europeanisation of contract law. It is submitted that we the citizens of Europe cannot content ourselves with the existing Europeanisation which is both fragmentary and uncoordinated and which provides no general principles. The Commission on European Contract Law has been established to provide Principles of European Contract Law. The experience of the Commission is that a Europeanisation of contract law is feasible. The Union could either aim at a creeping uncodified harmonisation brought about by the scholars and the courts or a codification ic, a European Civil Code. The author argues for the latter solution.
In: Common Market Law Review, Volume 35, Issue 4, p. 821-831
ISSN: 0165-0750
In: The international & comparative law quarterly: ICLQ, Volume 47, Issue 2, p. 394-408
ISSN: 1471-6895
The twelfth edition of Dicey & Morris, The Conflict of Laws (hereafter Dicey & Morris) appeared in 1993 under the general editorship of Dr Lawrence Collins and with Professors Trevor C. Hartley, J. D. McClean and C. G. J. Morse as specialist editors. It has since been updated by a yearly cumulative supplement; the latest is from 1997. The book takes in the whole province of private international law and is rich in material and ideas. It shows how English lawyers have reacted to the outside world without forgetting that the conflict of laws has an international character. Its students consider it to be a noble science. As Arthur Nussbaum said, the student of private international law "feels himself, as it were, a member of an international community of learning. He will have to study foreign legal ideas and will thereby obtain insight into the variety and interplay of heterogeneous legal concepts and ideas all over the world."
In: European Review of Private Law, Volume 5, Issue 4, p. 525-536
ISSN: 0928-9801
In: Maastricht journal of European and comparative law: MJ, Volume 2, Issue 4, p. 359-375
ISSN: 2399-5548
In: European Review of Private Law, Volume 1, Issue 1/2, p. 157-170
ISSN: 0928-9801
Abstract. The Commission of European Contract Law has been established to provide principles of contract law for the European Communities. These principles are intended to serve as guidelines for the institutions of the European Communities when they are in need of contract rules to govern issues which are not subject to national law. They will serve as a draft of a future European Code, the preparation of which has been advocated by the European Parliament in 1989. The principles may also help national courts who have to interpret the existing uniform or harmonized laws. They need a backbone of common principles to serve as a legal background for the interpretation of the uniform laws. Finally the principles may be useful for arbitrators in international commercial disputes. The arbitration are often in search of general principles of law which they prefer to national laws.
The Commission of European Contract Law is a non-governmental body of about 20 lawyers from the 12 EC-Countries. From 1982 till 1992 it has worked on questions concerning performance and non-performance (breach) of contracts. This first part of its work will be published in 1993. Presently the Commission is working at the questions concerning formation, validity, interpretation and asignment of contracts.
In: Common Market Law Review, Volume 24, Issue 2, p. 159-214
ISSN: 0165-0750
In: Nordic journal of international law, Volume 55, Issue 4, p. 283-293
ISSN: 1571-8107
In: The international & comparative law quarterly: ICLQ, Volume 34, Issue 4, p. 747-768
ISSN: 1471-6895
In: International & comparative law quarterly: ICLQ, Volume 34, Issue 4, p. 747
ISSN: 0020-5893