Zimmermann, Reinhard (2009) The Present State of European Private Law. AMERICAN JOURNAL OF COMPARATIVE LAW, 57 (2). pp. 479-512. ISSN 0002-919X,
Full text not available from this repository.Abstract
The Article attempts to assess where we stand today in our endeavors to create a common European private law. General contract law and sales law have been, and will continue to be, at the center of attention. Today we are faced with a bewildering variety of documents purporting to establish common ground, among them the Principles of European Contract Law, the Acquis Principles, the Draft Common Frame of Reference, the Consumer Sales Directive, a Proposal for a Directive on Consumer Rights, the United Nations Convention for the International Sale of Goods, and the Principles of European Sales Law. The Article examines the relationship between these documents and asks to what extent they reflect a coherent and satisfactory picture of acquis communautaire and acquis commun. In other fields (special contracts other than sale and extra-contractual obligations), the search for doctrinal structures which are both recognizably European and teleologically adequate has only just begun. Finally there are subjects, such as the law of succession, where the very legitimacy of legal harmonization has been questioned. The Article concludes that all areas of private law should become the subject ofgenuinely European, as opposed to national, scholarship but that none of them is ready to be cast into an official European instrument, whether under the name of Code, or Common Frame of Reference.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | ; |
| Subjects: | 300 Social sciences > 340 Law |
| Divisions: | Law > Entpflichtete oder im Ruhestand befindliche Professoren > Lehrstuhl für Bürgerliches Recht, Römisches Recht und Historische Rechtsvergleichung (Prof. Dr. Dr. h.c. mult. Reinhard Zimmermann) |
| Depositing User: | Dr. Gernot Deinzer |
| Date Deposited: | 21 Sep 2020 08:56 |
| Last Modified: | 21 Sep 2020 08:56 |
| URI: | https://pred.uni-regensburg.de/id/eprint/29294 |
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