HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?

This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the star...

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Main Author: GEMA TOMÁS
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2013-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_048.pdf
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author GEMA TOMÁS
author_facet GEMA TOMÁS
author_sort GEMA TOMÁS
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description This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. Some international research teams set up by European scholars and lawyers have been devoted to this aim for two decades. Time and effort have been made in the academic level to get a serious advance on bringing closer contractual national rules. This bottom-up approach met a stronger support in the last years although the European Parliament had “requested” the creation of a European Civil Code already in 1989. The momentous time comes in 2010 with a Green Paper from the European Commission on policy options for progress towards a European Contract Law for consumers and businesses. This Green Paper opened a public consultation period in 2011 and afterwards an expert group was appointed to draft a feasibility study for a future Instrument in European Contract Law. After all, a Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law was adopted in October 2011 arising not few doubts, worries and misgivings from different points of view. This will be not the last step in this process.
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spelling doaj.art-7a012c4f003e4af68d0528564f98b28e2025-01-02T17:35:36ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962013-05-013-397404HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?GEMA TOMÁS0Associate Professor, PhD, Faculty of Law, University of Deusto (Bilbao, Spain); (gema.tomas@deusto.es).This paper deals with the harmonisation of European Contract Law from a gradual point of view. The main objective is to show the different academic and official steps carried out in this field. The so called Commission on European Contract Law under the leadership of Professor Ole Lando was the starting point in 1982. Some international research teams set up by European scholars and lawyers have been devoted to this aim for two decades. Time and effort have been made in the academic level to get a serious advance on bringing closer contractual national rules. This bottom-up approach met a stronger support in the last years although the European Parliament had “requested” the creation of a European Civil Code already in 1989. The momentous time comes in 2010 with a Green Paper from the European Commission on policy options for progress towards a European Contract Law for consumers and businesses. This Green Paper opened a public consultation period in 2011 and afterwards an expert group was appointed to draft a feasibility study for a future Instrument in European Contract Law. After all, a Proposal for a Regulation of the European Parliament and of the Council on a Common European Sales Law was adopted in October 2011 arising not few doubts, worries and misgivings from different points of view. This will be not the last step in this process.http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_048.pdfHarmonisationEuropean Contract LawPrivate LawCommon Sales LawConsumer Acquis.
spellingShingle GEMA TOMÁS
HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
Challenges of the Knowledge Society
Harmonisation
European Contract Law
Private Law
Common Sales Law
Consumer Acquis.
title HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
title_full HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
title_fullStr HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
title_full_unstemmed HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
title_short HARMONISATION OF EUROPEAN CONTRACT LAW: SLOWLY BUT SURELY?
title_sort harmonisation of european contract law slowly but surely
topic Harmonisation
European Contract Law
Private Law
Common Sales Law
Consumer Acquis.
url http://cks.univnt.ro/uploads/cks_2013_articles/index.php?dir=1_Juridical_Sciences%2F&download=cks_2013_law_art_048.pdf
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