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Continuity and Change in EU LawEssays in Honour of Sir Francis Jacobs$
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Anthony Arnull, Piet Eeckhout, and Takis Tridimas

Print publication date: 2008

Print ISBN-13: 9780199219032

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199219032.001.0001

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About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law

About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law

Chapter:
(p.400) 23 About Rules and Principles, Codification and Legislation, Harmonization and Convergence, and Education in the Area of Contract Law
Source:
Continuity and Change in EU Law
Author(s):

Walter van Gerven

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199219032.003.0023

Experts in contract law from different Member States have drafted two volumes of Principles of European Contract Law, which are based on ‘rules’ contained in the contract laws of the EU Member States. But contrary to the (unformulated) principles referred to in Article 288(2) EC, they are worded in very precise terms, and structured and numbered in the same way as articles are in a ‘civil code’. This chapter argues that the aforementioned Principles of European Law are rules, not principles. Moreover, taken together they form a fully fledged European Code of Contract Law — or, more appropriate, it would seem, a European Contract Law Act.

Keywords:   Principles of European Contract Law, principles, rules

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