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Vol 21 No 10 Oct/Nov 2016

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An Academic Green Paper on European Contract Law


ISBN13: 9789041118530
ISBN: 9041118535
Published: August 2002
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £137.00



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The contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle.

In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book contains the views of all protagonists - from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code.

The Optional Code, which is the alternative most likely to come, is thoroughly analysed. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code.

Contents:
Part I: The Green Paper Process and the Need of Academic Input.
1. An Academic Green Paper on European Contract Law -- Scope, Common Ground and Debated Issues; Grundmann, Stuyck.
2. The Commission Communication on European Contract Law and its Follow-Up; Staudenmayer. Part II. Enhancing Contract Law Harmonisation (Option III) A. The Need of More Thorough Empirical Research.
3. Design for an Empirical Data Investigation into the Impact of Existing Contract Law Harmonisation under the White Paper 1985; Schwartze. B. Some particular Ways of Enhancing Contract Law Harmonisation.
4. Finding the Remaining Traps instead of Unifying Facilitative Law; Beale.
5. European Consumer Law -- the Minimal and Maximal Harmonisation Debate and Pro Independent Consumer Law Competence; Howells.
6. Increasing Consistency in Existing Harmonisation; Tilleman, Du Laing C. Additional Measures Needed for Really Levelling the Playing Field.
7. Continuing Contract Law Harmonisation under the White Paper of 1985 -- partly with Modifications; Drexl. Part III. A European Code Replacing National Laws (Option IVa). A. Progressive Codification.
8. Progressive Codification of European Private Law ; Bianca. B. In Favour of a European Civil or Contract Law Code Replacing National Laws.
9. Paving the Way forward with Principles of European Private Law; von Bar.
10. The Case for a European Contract Act; Basedow.
11. The Contract Law Codification Process in Europe: Policies, Targets and Time Dimensions; Bussani.
12. The Politics of European Contract Law: Who has an Interest in What Kind of Contract Law for Europe? Hesselink.
13. Un Code Europeen des Contrats: pourquoi et comment; Gandolfi.
14. Why does Europe need a Code? Lando.
15. Hard Minimal Code Now! -- a Critique of 'Softness' and a Plea for Responsibility in the European Debate over Codification; Mattei.
16. A Framework Code Only -- Besides National Laws; Schwintowski. C. Against a European Code Replacing National Laws.
17. Forced Harmonisation of Contract Law in Europe -- Not to be Continued ;Van den Bergh 18. Transaction Costs and Subsidiarity in European Contract Law; Collins.
19. Some Critical Comments on Competence and Not Concentrating on First Things First; Reich. Part IV. An Optional European Code Supplementing, Not Substituting National Laws (Option IVb) A. A Map of potential Designs and Basic Elements of Evaluation.
20. European System of Contract Laws -- a Map for Combining the Advantages of Centralised and Decentralised Rule-making ; Grundmann, Kerber. B. Some particular Design Proposals.
21. A European Code for Intra-European Border-Crossing Contracts -- a Subsidiary Plea; Drobnig.
22. The Design of an Optional Restatement of European Contract Law -- Real Life Instead of Dead Concepts; Wilhelmsson.
23. A Detailed European Code with a System of Options; de Geest.
24. Toward a Multi-Layered Contract Law for Europe; Smits. C. An Optional European Code and the Problem of Knowing about the Best Design.
25. An Optional Eur