Suchergebnisse

In this book, a number of Dutch authors (nineteen altogether) have attempted to compare the Principles of European Contract Law, Parts I and II (edited by Ole Lando und Hugh Beale, Kluwer International, The Hague/London/Boston, 2000) with the corresponding rules of the Dutch Burgerlijk Wetboek and provide a commentary. The attempt to draw a comparison with Dutch law is appealing for two reasons. First, the Burgerlijk Wetboek is amongst the most recent civil law codes in Europe: it's most important parts only entered into force in 1992. Comprehensive legal comparisons have been undertaken throughout its forty-year genesis. The second and closely related reason is that it is generally no longer possible to categorize the new Dutch Burgerlijk Wetboek under the 'familiar' legal traditions. Whereas the old Dutch Burgerlijk Wetboek was strongly influenced by French law, the new law reflects various elements of Germanic and Anglo-Saxon legal traditions. It is often said that the Dutch codification is stuck 'in the Channel' between the three great legal traditions in Europe. This is what makes it so interesting, as a potential model for a European Code on Contract Law and as a subject of comparison with the European Principles which are considered 'modern'.