1. A European Civil Law -- for Whom and What Should it Include? Reflections on the Scope of Application of a Future European Legal Instrument.
- Author
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Augenhofer, Susanne
- Subjects
- *
COMMERCIAL law , *EUROPEAN civics , *BORDER trade , *CONFLICT of laws , *CONTRACTS - Abstract
After shortly introducing the most promising options presented in the Green Paper -- the introduction of an optional instrument, a European contract law or a European civil code -- their potential personal and material scope are analysed. As with regard to the optional instrument, the EC's assumption that businesses as well as customers would opt for it is challenged by showing that practical obstacles other than legal differences hinder cross-border trade. With regard to the personal scope, the disadvantages of provisions based on a stereotyped consumer notion and of the adoption of European rules by merely copying them into national law are demonstrated. Consequently it is advocated that specific provisions applying only to B2C relations should to a certain extent be substituted by general clauses. It is concluded that a broad personal scope including B2C, B2B as well as C2C relations would best serve the purpose of enhancing the internal market by reducing the legal regimes businesses would have to deal with. In line with the EC's goal to promote cross-border trade by reducing legal differences, a broad material scope is recommended since the limitation to certain types of contracts or to cross-border transactions would not reduce transaction costs. Finally, the importance of an effective enforcement of European rules is stressed. [ABSTRACT FROM AUTHOR]
- Published
- 2011
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