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pp 82-119. A European contract law regime will not necessarily be drafted and interpreted in ways that correspond to the approaches of a particular national legal system. In this chapter I will assess the peculiarities of drafting (II.) and interpreting (III.) European rules against the background of English and German contract law. I will then explore how these aspects will influence the interaction of the European contract law regime, both as an ‘optional instrument’ and as a ‘toolbox’, with the domestic laws of these two Member States (IV.).

pp 1-20. This book explores the interactions between a European contract law instrument and national legal systems, using English law and German law as examples. The purpose of this Chapter is to set out the background to our enquiry and the methodology we employed. The first Part gives an overview of the ‘European contract law initiative’ which has resulted in various drafts for a European contract law regime, culminating in the two instruments that are the focus of the following chapters: the European Commission’s Proposal for a Regulation on a Common European Sales Law of October 2011 and one of its precursors, the 2009 Draft Common Frame of Reference. The second Part of this Chapter describes the Anglo-German research project which led to the present book. It will explain the overarching questions we set out to answer and the methodology employed by the authors of the various chapters.

pp 277-96. This contribution explores the relationship between two outstanding Roman law scholars, Otto Lenel and David Daube, on the basis of their correspondence in 1933 and 1934. It also discusses the influence of Daube on Alan Rodger.

This paper challenges the claim that there is regulatory competition in the areas of contract law and civil litigation. It is frequently assumed that law makers reform their contract laws and dispute resolution mechanisms with the purpose of attracting ‘users’, i.e. parties to cross-border contracts who choose the contract law or the courts of a given legal system. I shall discuss this assumption and its plausibility in the first part of the paper. In the second part I will test the assumption by presenting the available empirical evidence on the choices of contract law and forum that businesses in Europe actually make. For a long time such data has been largely absent from the debate. Moreover, I assemble evidence of law makers competing for the production of the most attractive legal regimes in the areas of contract law and civil litigation. I conclude that meaningful regulatory competition in the areas concerned cannot be predicted with confidence; nor is there evidence of its existence.

lxvii + 789 pp. European Contract Law unification projects have recently advanced from the Draft Common Frame of Reference (2009) to a European Commission proposal for an optional Common European Sales Law (2011) which is to facilitate cross-border marketing. This book investigates for the first time how CESL and DCFR rules would interact with various aspects of domestic law, represented by English and German law. Nineteen chapters, co-authored by British and German scholars, examine such interface issues for eg pre-contractual relationships, notions of contract, formation, interpretation, and remedies, extending to non-discrimination, third parties, transfers or rights, aspects of property law, and collective proceedings. They go beyond a critical analysis of CESL and DCFR rules by demonstrating where and how CESL rules would interact with neighbouring areas of English and German law before English and German courts, how domestic traditions might influence the application, which aspects might motivate sellers and buyers to choose or reject CESL, and which might serve as model for national legislators. The findings are summarized in the final two chapters.

ISBN: 978-0-19-967890-7