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The common frame of reference and the feasibility of a common contract law in Europe

Miller, L.; (2007) The common frame of reference and the feasibility of a common contract law in Europe. Journal of Business Law , 2007 (Jun) pp. 378-411.

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Abstract

Examines the European Commission's proposals for a Common Frame of Reference towards harmonisation of European contract law. Argues that harmonisation will require more than the technical drafting of common rules, noting the doctrinal complexities of the Member States' different legal systems, including difficulties in reaching agreement even on a common definition of "contract". Predicts problems with the attempt to draft common rules for non-performance and conformity, with reference to the divergence between the treatment of those concepts in European Parliament and Council Directive 1999/44, and the treatment of the same concepts in English and French sales law.

Type:Article
Title:The common frame of reference and the feasibility of a common contract law in Europe
Language:English
Additional information:A Sweet & Maxwell publication available with subscription
Keywords:Comparative law, conformity, contracts, EC law, France, harmonisation, non-performance
UCL classification:UCL > School of Arts and Social Sciences > Faculty of Laws

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