Chapter 2: Sources of Contract Law Flashcards
(23 cards)
sources of rules and principles of contract law?
- Rules made by contracting parties
- National rules - statutes
- International rules - treaties
Distinguish between default and mandatory rules
- Mandatory - rules that parties can’t derogate & must observe
- Default - facilitative rules - apply unless the parties agree otherwise - automatically fills the gaps in contacts (e.g place of delivery)
in civil law countries where are rules of contract law found
in statutes
2 important civil codes
French Civil code and the BGB
what is the primary source of contract law in common law
case law
function of statutes in common law regarding laws
they amend and systematize the existing case law
what is the objective of European Union in terms of contract law
tackle all the national disparities between countries to harmonize laws and create a common Market
The EU can only act if …
if the EU’s founding international treaties permits it
Law that in EU that permits EU legislative to adopt measures to harmonize national provisions
Treaty on the Functioning of the EU Union
What is the role of directives?
obliges the member states to implement its rule at national level
most successful development of international law?
Viena Convention (CISG)
what does the CISG govern?
formato of contract, rights and duties, obligations
what does the CISG not govern?
the validity of the contract itself - role at national level
when does the CISG apply?
- b/w parties who have agreed to be govern by it
- between parties ( states) which are part of the CISG
Criticism of the CISG?
as there is no international court, national courts provide different approaches. No cohesion
what is soft law
soft laws are rules that lack legally binding force, but they are very useful. Guidelines, codes of conduct
3 most important sources of soft law in terms of contract law?
- UNIDROIT - PICC
- PECC
- DCFR
what does the PICC do?
provide general rules of international contracts
when PICC used?
- when parties have agreed to use it
- for interpretation
what is PECL
Principales of European Contract Law - Land principles
where is PECL applied
only in Europe
ambition of drafters of PECL ?
for the PECL to become the Europe civil code for contract and replacing the national ones
the DCFR
they are group of expert drafters
only in Europe
tackle more parts of private contract law - torts e.g
deals with a range of specific contracts that the PECL do not cover
