Corrective Justice, Freedom of Contract, and the European Contract Law

This chapter examines non-binding restatements of contract law, in particular the UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law. It considers the nature, purposes, scope, sphere of application, and substantive content of these Principles (including freedom of contract, pacta sunt servanda, good faith, interpretation, adequate assurance of performance, specific performance, and other remedies and hardship and change of circumstances). The chapter considers the extent to which these Principles can be used in litigation and in arbitration and their relative advantages and disadvantages.

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Freedom of Contract: Comparison Between Provisions of the CISG (Article 6) and Counterpart Provisions of the PECL

10.31228/osf.io/2877p ◽

2017 ◽

Author(s):

Ulrich G. Schroeter

Keyword(s):

United Nations ◽

Contract Law ◽

Commercial Law ◽

European Contract ◽

Freedom Of Contract ◽

United Nations Convention ◽

The United Nations ◽

International Sale Of Goods ◽

European Contract Law ◽

Court Practice

6 Vindobona Journal of International Commercial Law and Arbitration (2002), pp. 257-266The parties' freedom of contract ranks as one of the most important general principles embodied in the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) as well as in a number of other sets of rules pertaining to international commercial law. The present paper analyzes if and how the Principles of European Contract Law (PECL) may be used in order to interpret Article 6 CISG (the provision in the Sales Convention that deals with the freedom of contract) and discusses some pertinent problems that have arisen in court practice in this area.

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Problem odpowiedzialności za nienależyte wykonanie obowiązku informacyjnego

Studia Prawnicze / The Legal Studies ◽

10.37232/sp.2017.4.5 ◽

2017 ◽

pp. 93-122

Author(s):

Magdalena Dziedzic

Keyword(s):

Optimal Level ◽

Contract Law ◽

The Other ◽

European Contract ◽

Freedom Of Contract ◽

Consumer Law ◽

Definition Of ◽

Legal Consequences ◽

Obligatory Information ◽

European Contract Law

In European contract law and consumer law the nature of protection through information is based on imposing on business an obligation to make a declaration of knowledge to a consumer, which should enable them to make a rational decision. The implementation of efficient regulations regarding the liability for the improper fulfillment of information duties aims to maintain the level of trust between contracting parties on optimal level, and, as a result, to lead to balancing of their position respecting the freedom of contract principle. Polish model of consumer protection through information, in particular in the area of the liability for the improper fulfillment of information duties by business requires a lot of changes. In national law it is specially problematic, the lack of definition of general, legal consequences of failure to provide obligatory information, providing it in an incomplete, unclear way, but without the intention to mislead the other party.

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Development of European Contract Law

European Contract Law ◽

10.1093/oso/9780198800040.003.0001 ◽

2017 ◽

Author(s):

Hein Kötz

Keyword(s):

Consumer Protection ◽

Comparative Law ◽

Contract Law ◽

European Countries ◽

Private Law ◽

European Contract ◽

Freedom Of Contract ◽

European Code ◽

Pros And Cons ◽

European Contract Law

This chapter examines the historical, economic, and political reasons which have led to the idea of ‘Europeanising’ private law, academic literature, and legal teaching in European countries in pursuit of the eventual creation of European private law. After discussing the functions of comparative law and the different ways in which it could contribute towards setting up a unified European private law, the chapter considers the link between economic order and contract law as well as the adoption of the principle of freedom of contract by all European legal orders. It also discusses the pros and cons of a ‘European Code of Contract Law’ that would harmonise or unify not only the rules on consumer protection but also the non-mandatory ‘dispositive’ contract law.

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