Case report
The Weber/Putz ‘Proportionality Principle’: Determining Subsequent Performance Anew?
Thomas Hoffmann
Abstract
Although the European Court of Justice rendered its Weber/
Putz judgment as long ago as three years, the turmoil since then
in both academia and practice has not abated. Indeed, the significance
of the ‘proportionality principle’ for European contract law can
hardly be overestimated, as the ECJ basically established by this
judgment, with or without intent, a doctrine of general strict liability in
contract law, which so far has only existed in but a few European legal
systems beyond common law. This paper compares the reception
of the Weber/Putz decision in a major Western European legal system
(Germany) with the approach of a minor Central European legal system
(Estonia), also taking into account the judgment’s impact on the
future development of European contract law.
Keywords
Hrčak ID:
131652
URI
Publication date:
17.12.2014.
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