Pregledni rad

EU Contract Law at a Crossroads

Srećko Jelinić ; Pravni fakultet Sveučilišta u Osijeku, Osijek, Hrvatska
Dubravka Akšamović ; Pravni fakultet Sveučilišta u Osijeku, Osijek, Hrvatska

Sažetak

The paper deals with the problem of the harmoniization of contract law within the framework of the European Union. The harmonization of contract law in the EU is carried out at two levels: within the framework and under the auspices of EU institutions and within the academic community.
For more than two decades there have been intensive legislative activities aimed at harmonizing contract law within the EU. Matters regulating consumer protection have been basically affected by the process of harmonisation of contract law. However, it is also important to note that there have been a number of activities aimed at harmonizing general contract law where a number of directives have been passed on e-business, insurance rights, trade agency, banking, etc.
The entire process of the harmonization of contract law at the EU level, aims at unifying matters relating to contract law into a single act – «The European Civil Code».
The paper considers whether the enactment of the European Civil Code is a realistic option for the foreseeable future and analyzes the (most apropriate) legal instruments for attaining this objective.
Furthermore, the paper covers some of the work published by the academic community that represents an important contribution to the harmonization of EU law of contract. The paper particularly stresses the importance and role of the Lando Principles, which are one of the most significant unifying acts passed in the field of harmonization of the contract law in European countries. Apart from the Lando Principles, the work also analyzes the legal nature and content of the Draft Common Frame Reference, a document which is in a way the successor of the Lando Principles, and which the Working Group on European Contract Law published in May 2008.
The conclusion gives an overview of the process of harmonization of EU contract law and its implications on the Croatian contract law and case law.

Ključne riječi

EU contract law, harmonization of contract law; the Lando Principles; Common Frame Reference; Draft Common Frame Reference; , the European Civil Code

Hrčak ID:

48830

URI

https://hrcak.srce.hr/48830

Datum izdavanja:

22.2.2010.

Podaci na drugim jezicima: hrvatski njemački

Posjeta: 3.903 *