European contract law: coming out

被引:0
作者
James, Simon [1 ]
机构
[1] Clifford Chance LLP, London, England
关键词
D O I
10.1080/17521440.2010.11428143
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The European Commission has published a Green Paper on the "policy options for progress towards a European Contract Law for consumers and businesses". The title gives the game away. The issue is less whether there should be a European contract law, and more how the Commission can get there and what it should look like. After many years of financing the creation of a European contract code, but at the same time being evasive as to the purpose that code would serve, the European Commission has, therefore, finally come clean as to its aspirations. Does this mean, in the words ( almost) of Lord Grey, that national laws are going out all over Europe and that we shall not see them lit again in our lifetime? Or does it just mean that there will be one extra system of law that might be chosen to govern a contract? How should business react to the prospect of any form of European contract law?
引用
收藏
页码:485 / 489
页数:5
相关论文
共 50 条
[31]   European Law on Unfair Commercial Practices and Contract Law [J].
Wrbka, Stefan .
MODERN LAW REVIEW, 2016, 79 (06) :1141-1144
[32]   European contract law — The European Parliament’s prospective [J].
Klaus-Heiner Lehne .
ERA Forum, 2006, 7 (1) :12-15
[33]   Principles of European Contract Law and Italian Law - A Commentary [J].
Meyer, Olaf .
EUROPEAN REVIEW OF PRIVATE LAW, 2005, 13 (05) :749-751
[34]   European Law on Unfair Commercial Practices and Contract Law [J].
Anagnostaras, Georgios .
COMMON MARKET LAW REVIEW, 2017, 54 (04) :1263-+
[35]   European contract law — Towards a European frame of reference [J].
Wolfgang Heusel .
ERA Forum, 2006, 7 (1) :4-7
[36]   European contract law — the European Parliament’s prospective [J].
Klaus-Heiner Lehne .
ERA Forum, 2005, 6 (1) :12-15
[37]   European contract law — towards a european frame of reference [J].
Wolfgang Heusel .
ERA Forum, 2005, 6 (1) :4-7
[38]   Justifying Contract in Europe, Political Philosophies of European Contract Law [J].
MICKLITZ, Hans-W. .
EUROPEAN REVIEW OF PRIVATE LAW, 2022, 30 (02) :373-386
[39]   Insurance contract law as part of an optional European contract act [J].
Jürsen Basedow .
ERA Forum, 2003, 4 (2) :56-65
[40]   Justifying Contract in Europe: Political Philosophies of European Contract Law [J].
Beale, Hugh .
EUROPEAN LAW REVIEW, 2022, 47 (02) :280-283