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The European Commission appears determined to take action in order to harmonize contract law in the European Union. Most recently, it has issued a Green Paper on 1 July 2010. In order to aid the process of harmonization, a large-scale academic study had been commissioned, the 'Draft Common Frame...
Persistent link: https://www.econbiz.de/10014192958
This paper contains the conclusions from the work of the Economic Impact Group (EIG), a part of the CoPECL Network of Excellence funded by the EU to prepare a Draft Common Frame of Reference (DCFR). Part 1 revisits basic principles which are central to the work of the whole group. For one,...
Persistent link: https://www.econbiz.de/10014194025
This Chapter argues that the current harmonisation of European contract law will eventually fail. Supporters of the harmonisation suggest that the divergence in national contract laws not only generates unnecessary costs for cross-border trade, but also undermines fair competition in the...
Persistent link: https://www.econbiz.de/10014164408
In this paper, intended as a chapter for a study book, attention is given to the notion of harmonisation, its operation in the area of private law and the extent to which harmonisation of private law rules contributes to the development of the internal market
Persistent link: https://www.econbiz.de/10014240311
In this contribution we explore the feasibility of harmonizing the law of succession in Europe. This is an area that is traditionally considered to be too much culture impacted to be harmonized. We first explore the concepts of comparative law, ius commune and harmonization. Then some typical...
Persistent link: https://www.econbiz.de/10014185853
In his impressive body of work, Ewoud Hondius has made clear that he favour, the development and harmonization of a European contract law. Hondius has analyzed and developed numerous important notions of contract Jaw, within the European contract law perspective: we only have to mention...
Persistent link: https://www.econbiz.de/10014137625
This report provides an introduction to the Polish law of tenancy and a brief analysis of the changes this field of law has experienced in recent years. The last decade has witnessed comprehensive law reform in Poland, particularly in the ambit of civil law and civil procedure, primarily to...
Persistent link: https://www.econbiz.de/10014057453
In this paper, the author discusses one of the options for the future development of European contract law as sketched in the European Commission's Communication on European Contract Law of 2001. It is defended that a uniform contract law for Europe will necessarily be multi-layered and...
Persistent link: https://www.econbiz.de/10014062618
This Article explores how the rise of Big Data and algorithm-based regulation could fundamentally change the design and structure of disclosure mandates in consumer law and privacy law. Impersonal information duties and standardized notices could be replaced by granular legal norms which provide...
Persistent link: https://www.econbiz.de/10014113814
It seems likely that an optional instrument on European contract law could have some positive impact on cross-border trade, although its size remains very difficult to estimate. Whether an optional instrument will increase legal certainty depends on the degree to which the European legislator...
Persistent link: https://www.econbiz.de/10014189912