European contract law
Posted by Manuel Casal | Section "European Contract Law"
In this section under the heading " Nulla dies sine linea "We presented each day, and it will continue, appointments Corpurs Iuris Civilis, mainly the Digest, and others of canon law and the constitutions and other laws of Catalonia, confirmed troublemaker make the ius commune, invoke daily before our courts, as we highlighted in each of the events with the use made of our courts, in the section that is necessary to add " Digest of Lawsuits ".
However since the 1989 (European Parliament resolution) in our European environment is becoming more intense process of unification of European private law, in order to meet the needs posed by the market. In no case will a new law, as seen in the Roman sources, how could it be otherwise in accordance with the legal tradition and roots of European Romance. Basically there are two European projects of unification of contract law: the Gandolfi project (European Code of Contracts) that part of the Italian Civil Code of 1949 (as Romanist Italian codes) and the Lando project (Principles of European Contract Law PECL ) closest to the common law, and in particular the U.S. Restatements, projects saw the light in 2001, which have led to the current Study Group on a European Civil Code and reserch Group on EC Private Law (Acquis Group) respectively, have drafted CFR for European Contract Law (DCFR Draft Common Frame of Reference), and a first version was published in November 2009, although it is a project to provide European legislators (Commission, Council and Parliament) are tools, or a manual to be used to review existing regulations and the preparation of new legislation in the field of contract law. Currently, the European Commission is conducting a selection process to determine which parts of the academic DCFR included in the final MCR. There are other study groups regarding the project of unification of European private law (study group on a European Civil Code, directed by E. Hondius prfessor; ...)
It should be mentioned also the work by UNIDROIT in relation to international commercial contracts, in their review of wide application in legal practice.
In this section we will present, mitjaçant a daily intake, the latest in the unification of European private law, and specifically on contracts, pending the work in other areas. We begin the section with the presentation of concordada two major European projects, as part of an element vetebrador the Draft Common Frame of Reference (DCFR) recently published, and the Principles of European contract law (PECL) of the Law Commission European contract (directed by Ole Lando porfessor) published in 2000, a free translation of the text Principles of European Contract Law, Kluwer Law International, The Hague, 2000 and the Principles, definitions and model rules of European private law, Sellier European Law Publishers, Munich 2009, because we understand that texts are closer to the Andorran law, in that both texts are not calling for a mandatory application, but the title of soft law, then base their validity and application for prestige of the solutions adopted by the jurists, the same way as is still in force and imposed Roman law, the jus on the preemiència lege, and also seems to finally be the model chosen by the Community institutions.
We hope you find this section interesting proposals to meet the challenges necessary internationalization of our economy, and therefore also of our contract law.
You can follow the compilation of the text on the top menu, under " Publications . "
In addition to the work mentioned is also interesting to see the work UNIDROIT Principles and the United Nations Convention on Contracts for International Sale ratified by 74 countries, amn notable absences as United Kingdom, Portugal or Ireland.
Chronology of s troubleshoot:
* Rome Convention of 19 June 1980 on the law applicable to contractual obligations (Rome I)
* Resolution of the European Parliament on an effort to harmonize private law of the Member States Official Journal C 158, 6/06/1989 p. 0400.
* European Parliament Resolution on the harmonization of certain sectors of private law of the Member States Official Journal C 205, p 25/07/19994. 0518.
* Conclusions of the Tampere European Council of 15 and 16 October 1999.
* Communication from the Comission to the Council and European Parliament on European contract law dated 07/11/01 (COM/2001/0398 final)
* Opinion of the Economic and Social Committee in relation to the Commission Communication to the Council and European Parliament on European contract law dated 7/10/02
* European Parliament Resolution on the harmonization of civil and commercial law of the Member States dated 15/11/01 (COM (2001) 398
* Communication from the Commission to the European Parliament and the Conssell - A more coherent European Contract Law - Action Plan dated 02/12/03 (COM/2003/0068 final)
* Communication from the Commission to the European Parliament and the Council - European contract law and revision of the acquis: the way forward dated 11/10/04 (COM/2004/0651 final)
* Commission Report - First annual report on progress realizats on European contract law and revision of discharge dated 09/23/05 (COM/2005/0456 final)
* Resolution of the European Parliament on European contract law and revision of the flow: perspectives for the future , dated 03/23/06 (2005/2022 (INI))
* resolutions of the European Parliament on European Contract Law , dated 7/9/06
* Commission report - second progress report on the CFR dated 25/7/07, (COM/2007/0447 final)
* European Parliament Resolution of 12 December 2007 on European contract law
* Regulation 593/2008 of the European Parliament and Council of 17 June 2008 on the lledó tree applicable to contractual obligations (Rome II)
* Green to move towards a European contract law for consumers (07/01/10)
Tags: Europe
