Uniform Rules for European Contract Law?: A Critical Assessment

Contents
Contributors
Table of Cases
Table of Legislative Instruments
Table of Abbreviations
1. The First Stage of Modern European Contract Law
2. The Role for European Contract Law: Uniformity or Diversity?
	I. Introduction
	II. Rules are Not Enough
	III. Intended Function and Form
	IV. Diversity in Substance
	V. The Future
	VI. Conclusions
Part I: Uniform Rules for the Internal Market
	3. Ius Commune and Contract Law
		I. Roman Contract Law
		II. The Civilians
		III. The Canonists
		IV. The Interaction Between the Ius Commune and the Local Law
		V. Conclusion
	4. Optimal Standards for the Single Market: A Law and Economics Approach
		I. Introduction: Legal Diversity and the Single Market
		II. The Role of Harmonisation of Legal Rules and Standards
		III. Full vs Minimum Harmonisation and Co-Existence of Standards
		IV. A Preliminary Assessment of the Various Modes of Harmonisation
		V. Conclusions
	5. Non-national Rules in the Arbitration of Commercial Contracts
		I. Introduction
		II. Law Applicable to the Substance of the Case
		III. Conclusion
Part II: Uniform Rules for National Legislators and Courts
	6. The Modernisation of the Law of Obligations Using the Principles of European Contract Law
		I. Introduction
		II. Advantages and Disadvantages of a Uniform Contract Law
		III. Judicial Governance
		IV. Final Thoughts
	7. Uniform Rules as Guidelines for National Courts and Legislatures: The German Experience
		I. Introduction
		II. The Reception of Uniform Contract Law in the Reform of the German Law of Obligations
		III. The Lack of a Judicial Response to Uniform Law
		IV. Uniform Contract Law: A Model for Legislatures, but not for Courts
		V. Conclusion
	8. National Reforms: New Instruments Towards Converging Rules within Europe? The Example of the French Contract Law Reform (2016)
		I. Introduction
		II. Preliminary Reflections on the European Context
		III. Uniform Rules: A Source of Inspiration for the French Legislator
		IV. Soft Law Instruments: A Source of Inspiration for the Application of the French Reform—Selection of Issues Related to Party Autonomy
		V. Conclusion
Part III: Uniform Rules to Bridge the Gap between the Common Law and the Civil Law
	9. The Rise of EU Consumer Law between Common Law and Civil Law Legal Traditions
		I. Introduction
		II. Three Different Approaches towards Harmonisation
		III. Harmonisation of Contract Law in the European Union
		IV. Concluding Remarks
	10. Bridging the Gap: The CISG as a Successful Legal Hybrid between Common Law and Civil Law?
		I. Introduction
		II. CISG Essentials
		III. Traits of the CISG and its Origins
		IV. Success of the CISG in Legal Practice and as a Legislative Reference Model
		V. Success of the CISG as the Best Possible Legal Solution?
		VI. Conclusion
	11. The Sources and Effects of Contractual Terms: Towards an Approximation of Common Law and Civil Law
		I. Introduction
		II. The Effects of Terms
		III. The Guarantee as the Backdrop for the Modernisation of the Civil Law
		IV. The Sources of Terms; The Binding Effects of Pre-contractual Information
		V. Conclusions
Part IV: Uniform Rules as a Model for Non-EU Countries
	12. European Contract Law and Asian Contract Law
		I. Introduction
		II. The Asian Contract Law Initiative
		III. The Challenges of the Harmonisation Process
		IV. Convergence of Legal Systems
		V. Legal Nature of Asian Contract Law
		VI. Conclusions
	13. The Two Spirits of the PLACL
		I. Introduction
		II. Some Background
		III. The Two Spirits of PLACL
		IV. Systematising and Shifting: Some Results
		V. Conclusion
	14. The Effects of European Harmonisation on Turkish Contract Law
		I. Introduction
		II. A Brief Overview of the Development of Turkish Contract Law
		III. Effects of European Harmonisation on Turkish Contract Law
		IV. Selected Novelties in the Turkish Code of Obligations
		V. Unsolicited Goods (TCO Article 7)
		VI. Standard Terms (TCO Articles 20–25)
		VII. Unfair Exploitation/Gross Disparity (TCO Article 28)
		VIII. Hardship (TCO Article 138)
		IX. Passing of Risk in Sales Contracts (TCO Article 208)
		X. Law on Consumer Protection
		XI. Late Payment in the Provision of Goods and Services (TComC Article 1530)
		XII. Conclusion
	15. An American Perspective on the European Harmonisation of Contract Law
		I. Introduction
		II. Paying Homage
		III. Story of the American Commercial Code
		IV. General and Specialised Contract Rules
		V. Commercial and Consumer Contract Law
		VI. Harmonisation and Diversity
		VII. Relationship of Legal Education and Harmonisation of Law
		VIII. Opting-in and Opting-out of a European Contract Law
		IX. Conclusion
Index