The German Schuldrechtsmodernisierung and the New Dutch Civil Code: A Study in Parallel
Jan M. Smits
Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI); University of Helsinki - Center of Excellence in Foundations of European Law and Polity
August 20, 2008
SCHULDRECHTSMODERNISIERUNG UND EUROPÄISCHES VERTRAGSRECHT, Oliver Remien, ed., pp. 117-131, Tübingen 2008
TICOM Working Paper on Comparative and Transnational Law No. 2008/7
Both the Netherlands and Germany have recently introduced important reforms of their law of obligations. In the Netherlands, the new Civil Code of 1992 reformed the existing private law entirely, while Germany revised its law of obligations extensively in 2002. Both reforms were partly driven by similar motives. This contribution offers a comparison between these two reforms by considering five different points: the motives for re-codification in both countries, the unitary concept of breach of a duty, the right to a second chance to perform, prescription of claims for damages in case of personal injury and the way in which European directives are implemented in German and Dutch private law.
Number of Pages in PDF File: 14
Keywords: Law of obligations, reform, Dutch Civil Code, BGBAccepted Paper Series
Date posted: August 21, 2008 ; Last revised: October 29, 2012
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