Europäisches Privatrecht – Irrungen, Wirrungen (European Private Law – Delusions, Confusions)
Begegnungen im Recht: Ringvorlesung der Bucerius Law School zu Ehren von Karsten Schmidt anlässlich seines 70. Geburtstags, pp. 321-350, Mohr Siebeck, 2011
Posted: 10 Feb 2011 Last revised: 14 Aug 2013
Date Written: December 23, 2011
This essay critically examines the way in which European private law has developed over the past ten years. It emphasizes that we now have six sets of model rules which have not yet been subjected to critical and comparative scrutiny. None the less, a new Group is busy drafting yet another text which is to obtain an authoritative status. The new Group is working under the same pressure of time that has bedevilled the drafts of the DCFR and the PCC. As far as consumer contract law is concerned, we have about the same number of textual layers. In addition, we seem to have two projects, running side by side. However, neither of them is based on a proper and critical revision of the acquis comunautaire. The essay also draws attention to a number of other peculiarities in both the arguments advanced by official actors and the processes chosen by them. And it expresses the hope that the establishment of a European Law Institute may help to avoid the present delusions and confusions.
Please note that this is an article published in German.
Keywords: European contract law, Draft Common Frame of Reference, Principles of European Law, Expert Group, consumer contract law, revision of the acquis, green paper on policy options
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