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Principles of European Law
The research of the Study Group on a European Civil Code seeks to advance the process of Europeanisation of private law by drafting a set of common European principles which are relevant for the functioning of the common market. The principles provide national jurisdictions with a grid reference for the future development of the law.
The Mandate Contract in Selected Civil Law Statutes and DCFR.
The notion of the mandate contract in DCFR is in some aspects wider in comparison with its notion in BGB, CC, CLO and OR. While these Laws see the mandate contract as a contract where mandator confers to mandatary and mandatary obliges to mandatory to carry out one or more transactions, its notion in DCFR emphasizes also intermediary contracts (contracts for mediation) and the relations based on the act of authority given by one person to the other (representative). It is wider also in prescribing the possibility to conclude this contract for fixed period or/and for indefinite time. On the other side, DCFR see the mandate contract - in principle - ending when the representative (agent) conclude the contract with third party, while mentioned Statutes see it ending when mandatary and third party exchange performances in their relation and when mandatary transfers to the mandator whatever received from third party.
Swiss Contract Law
Swiss contract law is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law. With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following: relationship between the Civil Code and the Code of Obligations; legal capacity to enter into a contract; requ...
Principles, Definitions and Model Rules of European Private Law
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Mandate Contracts
In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.
