Is codification needed in Europe? Principles of European Contract Law and the relationship to Dutch law

In: European Review of Private Law, Band 1, Heft 1/2, S. 157-170

Abstract

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.