Common Frame of Reference and Existing EC Contract Law by Reiner Schulze

By Reiner Schulze

A couple of key advancements have taken position in ecu inner most legislations in 2009: the ecu fee has proposed and made alterations in a few components of buyer legislation, the description variation of the Draft universal body of Reference (DCFR) has been released, and the second one quantity of the Acquis rules (Contract II) will quickly be on hand. This moment revised version as a result attracts upon those contemporary adjustments with reference to the most important query as to what quantity the typical body of Reference can and will replicate current EC agreement legislation, and to what quantity the DCFR has already integrated the acquis communautaire. The contributions to this quantity supply solutions to this query via reading various arguable parts reminiscent of the realization and content material of the agreement (pre-contractual tasks, non-discrimination, or withdrawal), non-performance, treatments, damages, and the relation to foreign inner most legislations.

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Common Frame of Reference and Existing EC Contract Law

A few key advancements have taken position in eu inner most legislations in 2009: the ecu fee has proposed and made alterations in a couple of components of purchaser legislation, the description version of the Draft universal body of Reference (DCFR) has been released, and the second one quantity of the Acquis ideas (Contract II) will quickly be to be had.

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Durieux, Traduction et linguistique textuelle, in Terminologie et traduction, 1/1997, pp. 48-62, 50; P. Lerat, Vocabulaire juridique et schémas d’arguments juridiques, Meta XLVII 2/2002, pp. 155-162. 14 The issue of terminology has been underestimated among legal scholars in the academic debate on European law, with the exception of some useful critical excursions by comparative law specialists,15 and is now being approached in an inexact way. This imprecision is also, paradoxically, a feature of some positions adopted by the EU Commission in relation to the issue of the coherence of European private law.

Ajani, M. ), Uniform Terminology (cit. fn. 7); V. htm, 2002; B. Pozzo, Harmonisation of European Contract Law and the Need of Creating a Common Terminology, ERPL 6/2003, pp. 754-767. “A Better Coherence of EU Private Law” and Multilingualism 39 mechanisms of special and separate legislation with respect to common or Code-based law. With the spread in the areas of intervention, as it is widely acknowledged, interpreters have had to face the necessity of reinterpreting national law, even common law, in the light of Community policies as expressed in legislation and the case-law created by the ECJ.

Jansen/R. , Juristenzeitung (JZ) 62/2007, 1113-1164, 1114; Schulze (cit. fn. 3), 11-12. Comparative Law and Common Frame of Reference 4. 29 Relevant Parameters My modest contribution bears in the programme the title “Comparative Law and Common Frame of Reference”. Again, two parameters are relevant here. a) Dogmatic, Not-so-dogmatic, Not-at-all-dogmatic Texts First, there is a distinction with regard to the dogmatic level. While other similar notions refer to a text comprising intended norms and, consequently, aspiring to direct or indirect applications, by contrast here, for the first time, one sees “Comparative Law” as the first ankle of differentiation among dogmatic, not-so-dogmatic and not-at-all dogmatic texts.

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