The nineteen outstanding contributors to this deeply insightful book concur in
envisioning a fundamentally new systematic concept of contract law that, while
preserving the essential ‘architecture’ of the existing European codes, would
nonetheless find cogent ways to integrate such modern developments as mass
transactions, chains and networks of contracts, regulation of markets and
contracts to protect consumers, and service and long-term contracts into an
optional European code.
The book is organised along three major avenues:
• the systematic arrangement of a contract law code - how it deals with core
questions of formation and performance or breach of contract, such as mistake
and misrepresentation, standard contract terms, and remedies in the case of
breach of contract;
• the apparent necessity to merge consumer contract law (i.e. such issues as
product safety and liability, warranties, and consumer debt and insolvency)
with traditional core contract law concepts; and
• the importance to substantive contract law of the pre-contractual phase, in
which information duties are becoming steadily more paramount.
The authors perspectives cover a wide range of jurisdictions, including new EU
Member States. The book’s commitment to an integration of comparative law, EC
law, and the debate on European codification offers practitioners and
academics fertile ground for the development of a new model of contract law
that is more than a common denominator of what has been in force so far. This
model may serve as a basis for Europe-wide and perhaps even worldwide
Introduction and Overview. 1. The Architecture of European Codes and
Contract Law Structures and Contents; S. Grundmann, M. Schauer.
Part I: The Level of Abstraction: Starting from
Contract, Obligation and Juristic Act? 2. Structural Elements of the
French Civil Code; P. Rémy-Corlay. 3. Structural Elements
in the Contract Law Parts of the German Civil Code; S. Grundmann. 4.
Structural Elements of the Austrian Civil Code; M. Schauer. 5.
The Dutch Code and its Precedents (1990-1992); B. Verschraegen. 6.
Models in Central-Eastern European Codes; L. Vékás. 7.
Das Konsumentenschutzgesetz Beginn der Europäisierung des Kroatischen
Vertragsrechts; T. Josipovi. 8. Discussion and Panel Discussion:
Lessons for an Optional European Codex? M. Hoffmann.
Part II: Consumer Law Forerunner for or Part of a European
Contract Law Code? 9. Civil Contract Law and Economic Reasoning An
Unlikely Pair? A. N. Hatzis. 10. La place du Code de la
consommation en droit contractuel français; J. Rochfeld. 11.
Consumer Law Forerunner for or Part of a European Contract Law Code? The Case
of Austrian Consumer Law; B. Lurger. 12. The Greek Consumer Law;
E. Alexandridou. 13. Verbrauchervertragsrecht im tschechischen
Recht; L. Tichy. 14. The Instrumentalist Conception of the
Acquis Communautaire in Consumer Law and its Implications on a European
Contract Law Code; C. U. Schmid. 15. The Role of the Acquis
Communautaire in Consumer Law for a European Contract Law Code. A Comment;
Part III: Formation of
Contract and Pre-contractual Information. 16. Formation of Contract and
Pre-contractual Information from an Italian Perspective (Final Remarks from
the Perspective of European Contract Law); V. Roppo. 17.
Formation of Contract and Pre-contractual Information from an English
Perspective; P. Giliker. 18. Formation of Contract and
Pre-Contractual Duties to Inform in a Comparative Perspective; P. Mankowski.
19. Pre-contractual Duties to Provide Information and Their Violation
from the Perspective of Polish Private Law Selected Issues; F. Zoll.
20. Option and Pre-Contract; A. Giménez Costa, E. Bosch Capdevila.
21. Discussion Report: Formation of Contract and Pre-contractual