After an extended period in which the European Community has merely nibbled at the edges of national contract law, the bite of a European contract law has lately become more pronounced. Many areas of law, from competition and consumer law to gender equality law, are now the subject of determined efforts at harmonization, though they are perhaps often seen as peripheral to mainstream commercial contract law. Despite continuing doubts about the constitutional competence of the Commission to embark on further harmonization in this area, European contract law is now taking shape with the Commission prompting a debate about what it might attempt. A central aspect of this book is the report of a remarkable survey carried out by the Oxford Institute for European and Comparative Law in collaboration with the global law firm of Clifford Chance, which sought the views of European businesses about the advantages and disadvantages of further harmonization. The final report of this survey brings much needed empirical data to a debate that has thus far lacked clear evidence of this sort. The survey is embedded in a range of original and up-to-date essays by leading European contract scholars reviewing recent developments, questioning progress so far, and suggesting areas where further analysis and research will be required.
Author(s): Stefan Vogenauer, Stephen Weatherill
Edition: 1
Year: 2006
Language: English
Pages: 259
Preliminaries......Page 1
Contents......Page 5
Contributors......Page 11
Series Editor’s Foreword......Page 13
Table of Cases......Page 15
Table of Domestic Legislation......Page 17
Table of EC Legislation......Page 21
Table of International Legislation and Principles......Page 25
1 The Spectre of a European Contract Law......Page 27
2 Harmonisation of European Contract Law The State We Are In EWAN McKENDRICK......Page 31
3 English Law Reform and the Impact of European Private Law HUGH BEALE......Page 57
4 The Ideal of Codification and the Dynamics of Europeanisation The Dutch Experience MARTIJN W HESSELINK......Page 65
5 Contract Law Reform The German Experience REINHARD ZIMMERMANN......Page 97
6 Constitutional Issues How Much is Best Left Unsaid STEPHEN WEATHERILL......Page 115
7 The European Community’s Competence to Pursue the Harmonisation of Contract Law an Empirical Contribution to the Debate STEFAN VOGENAUER STEPHEN WEATHERILL......Page 131
8 Harmonisation of and Codification in European Contract Law GUIDO ALPA......Page 175
9 Contracts and European Consumer Law an OFT Perspective SIR JOHN VICKERS......Page 197
10 The Commission’s Communications and Standard Contract Terms ULF BERNITZ......Page 211
11 Non Legislative Harmonisation Protection from Unfair Suretyships AURELIA COLOMBI CIACCHI......Page 223
12 Harmonisation of European Insurance Contract Law DANIELA WEBER REY......Page 233
13 European Contract Law What Does It Mean and What Does It Not Mean DIRK STAUDENMAYER......Page 261
14 Harmonisation of European Contract Law—the United Kingdom Government’s Thinking......Page 271
15 Concluding Observations......Page 275
Index......Page 279
