The last decade witnessed the European Union taking tentative steps towards the likely abolition of each member state contract law, and its substitution with a single European Contract Law Code. Indeed, the European Union usually solves inconsistencies in contract law by legislating them in a very defined and closed area. For example, in 1977, the EU had implemented the Unfair Consumer Terms Act after analyzing that there were a growing number of consumer complaints from cross-member states. It did the same while legislating on commercial agents and on late payments in commercial transactions.
Nonetheless, this legislation aims at very specific points and does not interfere with each member state's contract law framework, which still causes conflict of law. It also impedes the great objective of the European Union construction since 1957 and the Rome Treaty, which is reaching the single market implementation.
[...] Minimum harmonization: The objectives of directives in the legal domain are to create a minimum common frame between all European laws. Some countries go further in the implementation of a directive, some others bind themselves and implement literally the directive Concerning the side effects on the internal market, the Commission's views of 2003 are the same that the ones it did two years before that Communication, i.e. the disincentive characteristic for consumers and small firms. A new tool is needed. [...]
[...] Calls for creating a common frame within national contract laws can vary is the most supported Action Plan's option. Nevertheless, a European Contract Law Code is compulsory to my mind. Problems in just making a common frame The 2003 Action Plan revealed that the bodies questioned advocate of drawing a common frame in the area of contract law. The Commission said it would be tougher and more consistent than the existing legislation. This objective would be reached through the creation of a Common Frame of Reference (CFR). Three issues are concerning the CFR. [...]
[...] Towards more coherent European contract law? The European Commission's Action Plan Lando Ole, European Contract Law, The American Journal of Comparative Law, Vol No Lando Ole, Principles of European Contract Law: An Alternative to or a Precursor of European Legislation?, The American Journal of Comparative Law, Vol No LEGRAND Pierre, Against a European Civil Code, The Modern Law Review Möllers Thomas M. J., The Role of Law in European Integration, The American Journal of Comparative Law, Vol No Teubner Gunther, Legal Irritants: Good Faith in British Law or How Unifying Law Ends up in New Divergences, The Modern Law Review, Vol No Wilhelmsson Thomas, Comments on “A More Coherent European Contract Law – An Action Plan”, University of Helsinki OJ C 158/400 OJ C 377/326 OJ C 255/1 Hesselink Martijn W. [...]
[...] The European Union tried a couple of decades ago to harmonise parts of contract law. It adopted a sectoral approach. While a problem was identified, the EU set up rules to cure them. National contract laws, however, remained intact, and problems crop up every day. The European Parliament passed a resolution in 1989 which asserted that the sectoral approach didn't meet the single market requirements, and asked the Commission to head the private law harmonisation process. As the Commission didn't respond to the Parliament's vows, the Eurodeputies asked for a “Common Code of European Private Law” in 1994. [...]
[...] the harmonisation of the whole private law among EU member states. Why not a European Civil Code A European Civil Code means that all national private laws will be abolished, and its replacement with a European code. Along with the 1957 objective of the internal market, and the more recent objective of creating a politic Europe, harmonisation of private laws seems to be a necessary step. From a historical and philosophical view, the French civilian Lepaulle wrote a contribution to Harvard Law Review after WWI in which was said that differences of laws provokes differences of states of mind, the latter triggered conflicts opposing nations. [...]
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