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

By Reiner Schulze

A few key advancements have taken position in ecu deepest legislations in 2009: the ecu fee has proposed and made alterations in a couple of parts of purchaser legislations, the description variation 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. This moment revised variation as a result attracts upon those contemporary alterations with reference to the most important query as to what quantity the typical body of Reference can and may mirror latest EC agreement legislation, and to what quantity the DCFR has already integrated the acquis communautaire. The contributions to this quantity supply solutions to this question by means of studying diverse debatable parts equivalent to the realization and content material of the agreement (pre-contractual tasks, non-discrimination, or withdrawal), non-performance, treatments, damages, and the relation to foreign deepest legislations.

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Fn. 2), 247. On the acquis communautaire in the field of Tort Law cf. ), Tort Law of the European Community,Vienna 2008 forthcoming. 20 Reiner Schulze principles and the structures of European private law. Only some subjects from core areas of European private law shall be mentioned as examples (with reference to the central concepts of private law as formed by Gaius). As such, it will have to be considered, whether special attention must be paid to the law of natural and legal persons in two respects when researching principles and structures of European private law on the basis of existing Community law: with reference to the principle of the protection of the individual’s human dignity and privacy and regarding the analysis of the widening acquis communautaire in the field of the legal persons (inter alia European Company, European Cooperative Society and, as is expected in the near future, a European Private Company).

Directive 99/44/EC, Art. 3. Directive 85/374/EC, Art. 1. 22 If we want to focus our attention on the significance of referents, the perspective provided by a plain analysis of Community legal texts and case-law application must be recognised as inadequate; by the same token, the search for terminological coherence within the acquis, even if it is extremely useful, is insufficient in scope, in that it only promotes comprehension of the meaning of what the Community provisions lay down for the Member States.

This dichotomy makes the development of an academic common discourse on the important issues of European law quite difficult to be achieved. II. Multilingualism: a Principle or a Problem? Community law in force in each of the 27 States of the European Union has the particular characteristic of being the multilingual expression of a single message, which is intended to be uniformly comprehensible as regards its effects on the national systems. As a result, two different legal languages co-exist in each individual legal system – one national and one of the Community – and the affirmation of the superiority of Community law should, in effect, take account of the existence of non-homogeneous national taxonomies.

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