I have just seen an advert for a new book edited by Hans Micklitz and Fabrizio Cafaggi on “After the Common Frame of Reference”. The blurb refers to the DCFR as “very much a backwards looking 19th century codification project”. Read more...
This was the title of an interesting contribution to the Stockholm conference by Paul Abbiatti, Legal Consultant, Member of the International Chamber of Commerce. His answer in two words was “Maybe yes”. Read more... Comments (2)
What is the relationship between a European Common Frame of Reference and other global or European private law instruments? We have CISG, PICC, PECL, ACQP and now DCFR and, eventually, CFR. Is it all getting excessive? Read more... Comments (0)
In a clear, cogent and beautifully delivered speech to the Stockholm conference Professor Ingeborg Schwenzer of the University of Basel addressed the topic “Drafting new model rules on sales: CFR as an alternative to the CISG?” The speech was an impressive one which made many good points and provided much food for thought. Read more... Comments (0)
If we take a long-term view and ignore certain political and transitional difficulties (and it is admittedly a big IF) it is easy to answer the question “Why European private law rather than national private laws?” For a single internal market to operate with 28 or more different private laws on such matters as contract, delict and movable property is wasteful, inefficient and non-competitive. It does not make sense. We simply do not need so many laws. To answer the question “Why European private law rather than global private law?” is more difficult. Read more... Comments (0)
The new EU Vice President for Justice, Fundamental Rights and Citizenship, Viviane Reding, renewed her commitment to the establishment of a European contract law in a speech in Brussels on 24 February 2010, arguing that it would be a tool to help the European economy out of recession. Read more... Comments (0)
I spoke on the DCFR at a seminar in Dundee last Wednesday and at an enormous congress in Rome on Saturday. At both there seemed to be interest in, and support for, the DCFR project. The seminar in Dundee was followed by an excellent meal in an Italian restaurant. So there was that in common too. Read more... Comments (0)
Your correspondent has belatedly caught up with a failed attempt in the now defunct (judicial) House of Lords to use European private law texts to unseat a rule of English law on the interpretation of contracts. Read more... Comments (1)
When I first came across ETHYRN in the headings to emails from the Law School I assumed it was the name of a colleague who was having a leaving party. I soon learned that it was the Edinburgh – Tilburg - Helsinki Young Researchers’ Network and that it was having a beginning party in the form of a conference on “Europeanisation”. Read more... Comments (0)
A correspondent has drawn my attention to an article in EuropeanVoice (17 June 2010) on a paper soon to be presented by Viviane Reding, the European Commissioner for Justice, on European contract law. The author of the article, Jim Brundsen, sets out some views on the idea of an optional instrument – the so-called 28th system - even before the Commissioner’s paper is published. This seems premature. It is normally better to read a paper before commenting on it. Perhaps because of that the views are strange. Read more... Comments (0)
Actually not that new. It has been going since 6 October but I have only just learned of it. It is the Maastricht European Private Law Blog – at http://mepli.blogspot.com . This Edinburgh blog extends a warm welcome to it. We should supplement each other nicely. Read more... Comments (0)
The UK Ministry of Justice has published a disappointing response to the European Commission’s Green paper on European Contract Law. It is disappointing because it misdiagnoses the problem and favours options which would do nothing for British businesses or consumers. Read more... Comments (1)
Korrasut Khopuangklang, a postgraduate from Thailand, gave an interesting presentation yesterday on promises in Thai law, Scottish law and the Draft Common Frame of Reference (DCFR). Read more... Comments (2)
It seems that some of the English lawyers who are opposed to the idea that the Common European Sales Law (CESL) should apply in business-to-business (B2B) contracts are thinking that their case would be strengthened if the United Kingdom were quickly to ratify the United Nations Convention on Contracts for the International Sale of Goods (CISG). This is worth considering. Read more... Comments (0)
Last week I attended an excellent conference in Rome on “The Making of European Private Law”. I will report on the conference later. This post is just to pass on some news which emerged on its fringes. Anna Veneziano has been appointed as the new deputy Secretary-General of the Unidroit Institute. Read more...
In preparation for the next meeting of the United Nations Commission on International Trade Law (UNCITRAL) to be held in New York from 25 June to 6 July 2012 Switzerland has submitted a proposal to the secretariat for the undertaking of work in the area of contract law. At the Rome conference last week on “The Making of European Private Law” Renaud Sorieul, the UNCITRAL Secretary, indicated that the secretariat would see a particular interest in this proposal. Read more...
This conference, held at the University of Roma Tre from 9-11 May 2012 under the guidance of Professor Luigi Moccia, covered a wide range of issues. There was plenty of discussion of the proposed Common European Sales Law (CESL) but that was by no means the only question discussed. Read more...