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European Contract Law Integration Studies

Posted on:2007-03-03Degree:DoctorType:Dissertation
Country:ChinaCandidate:M Z FanFull Text:PDF
GTID:1116360185984177Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Market economy acts as both the precondition and purpose of civil contracts. Contract law has been developing together with the form of market economy historically. The modern contract law, which has a history of more man 1500 years since Rome Law, has been formed in the 20th century, after the development in midlevel and modern era. In the light of the whole world, contract law has a general character of the separation between common law and civil law, together with the diversity of contract law in each sovereign state. The rich in diversity of contract law, both in basic doctrine and specific rules, can be founded in Europe without leaving anything.With the integration of Europe, the contract law in Europe has a salient tendency of integration too. The achievement includes European Union directives on contract, together with the Principles of European Contract Law, which is the work of European Contact Law Committee chaired by Prof. Ole Lando. The international private law can do nothing to the problem caused by the diversity of contract substantial rules, though it can solve the application of contract obligation in differ member states.There are good reasons for and against the integration of contract law in Europe. The arguments for it include the reduction of cost on the transactions, the damage of diversity of contract law on transactions, and the need of coordinating the existing acquies. While as the against are composed of party's autonomy of choosing law, the absence of necessary of integration of contract law, the competition between laws in the same field, and the costs of the integration. Furthermore, the relationship between law and the society and legal culture illustrates that only legislation can not carry out the task of the integration. The European Committee has to keep cautions on the each trivial step to the integration of contract law therefore.The substantial reason on the achievements of integration of contract law has been quite strong, which can be seen from the comparison between PECL and Italian Civil Code 2004, EU directives on contract and German Reform on obligation Law. The good faith is also compared between PECL and CISG, UCC and PICC. The substantial reason of the integration...
Keywords/Search Tags:European Union, Contract law, Integration, Comparative study
PDF Full Text Request
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