„Wissenschaftliches Recht“ am Beispiel (vor allem) des europäischen Vertragsrechts ('Academic Law' Particularly in the Field of European Contract Law)
Privates Recht, pp. 21-48, Christian Bumke and Anne Röthel, eds., Mohr Siebeck, 2012
Posted: 13 Nov 2010 Last revised: 31 Jan 2013
Date Written: August 1, 2010
The article examines a phenomenon that has gained considerable influence in the international discourse about European private law: the establishment of sets of model rules by international groups of academics, particularly in the field of contract law. Prime examples are the Principles of European Contract Law, the UNIDROIT Principles of International Commercial Contracts, the Acquis Principles and the DCFR. Among the issues, examined in a comparative perspective, are terminology, aims, sources/foundations, structure of the relevant Working Groups, their mode of operation, membership, the framework within which these Working Groups operate, the question of transparency, the language issue, and the influence of the model rules.
Please note that this is an article published in German.
Keywords: Model rules, Principles of European Contract Law, UNIDROIT Principles of International Commercial Contracts, DCFR, soft law instruments, Acquis Principles.
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