The hidden code

Hugh Collins

doi:10.1017/CBO9780511620010.005

III - The hidden code

Published online by Cambridge University Press: 26 February 2010

Hugh Collins

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Hugh Collins: Affiliation:
London School of Economics and Political Science

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Summary

Given the unsatisfactory characteristics of the acquis communautaire outlined in chapter II, it was predictable that these European laws would be criticised for their lack of systematic coherence, internal inconsistencies and incompleteness. To lawyers the Directives appeared like uncharted reefs on which transactions might unexpectedly be dashed. These apparent defects in the acquis troubled legal scholars especially. German scholars, who tend to celebrate the systematic and rational qualities of their private law code, disliked particularly the ‘pointilliste’ character of the sector-specific legislation which, unlike the paintings in this style, was hard to present as coherent no matter from what vantage-point the acquis was observed. It was not surprising, therefore, when the Commission published in 2003 its Action Plan for further work on contract law that it was entitled A More Coherent European Contract Law.

In that Action Plan, a part of the agenda set by the Commission was to improve the quality of European legislation by rendering it more coherent and internally consistent. The acquis could be improved, it was asserted, by adopting standard terminology and concepts, by providing greater specificity in some instances, and by dealing with potential overlaps between different measures more thoroughly. It was argued that these improvements would not only achieve greater coherence but also contribute to more consistent application by national courts of the Directives and the implementing national legislation. Yet the agenda set by the Commission was not confined to this proposal for revisions of existing European laws.

Type: Chapter
Information: The European Civil Code
The Way Forward
, pp. 63 - 90

DOI: https://doi.org/10.1017/CBO9780511620010.005 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2008

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References

Beale, H., ‘The Future of the Common Frame of Reference’ (2007) 3 European Review of Contract Law257CrossRef Google Scholar

Collins, H., ‘Transaction Costs and Subsidiarity in European Contract Law’, in Grundmann, S. and Stuyck, J. (eds.), An Academic Green Paper on European Contract Law (The Hague: Kluwer Law International, 2002) 269, 271Google Scholar

Wagner, G., ‘The Economics of Harmonisation: The Case of Contract Law’ (2002) 39 Common Market Law Review995CrossRef Google Scholar

Collins, H., ‘The Freedom to Circulate Documents: Regulating Contracts in Europe’ (2004) 10 European Law Journal787CrossRef Google Scholar

Whittaker, S., ‘On the Development of European Standard Contract Terms’ (2006) 2 European Review of Contract Law51CrossRef Google Scholar

Chance, Clifford, Survey on European Contract Law (Clifford Chance LLP, April 2005)Google Scholar

Vogenauer, S. and Weatherill, S., ‘The European Community's Competence to Pursue the Harmonisation of Contract Law – An Empirical Contribution to the Debate’, in Vogenauer, S. and Weatherill, S. (eds.), The Harmonisation of European Contract Law: Implications for European Private Laws, Business and Legal Practice (Oxford: Hart Publishing, 2006) 105–148Google Scholar

Basedow, J., ‘Codification of Private Law in the European Union: The Making of a Hybrid’ (2001) 9European Review of Private Law35Google Scholar

Kerber, W. and Grundmann, S., ‘An Optional European Contract Law Code: Advantages and Disadvantages’ (2006) 21 European Journal of Law and Economics215CrossRef Google Scholar

Heiss, H. and Downes, N., ‘Non-Optional Elements in an Optional European Contract Law: Reflections from a Private International Law Perspective’ (2005) (5) European Review of Private Law693Google Scholar

Schulte-Nolke, H., ‘EC Law on the Formation of Contract – from the Common Frame of Reference to the “Blue Button”’ (2007) 3(3) European Review of Contract Law332CrossRef Google Scholar

Beale, H., ‘The Future of the Common Frame of Reference’ (2007) 3 European Review of Contract Law257, 269 (arguing for the potential benefits to SMEs)CrossRef Google Scholar

Rutgers, J. W., ‘An Optional Instrument and Social Dumping’ (2006) 2 European Review of Contract Law199CrossRef Google Scholar

Lurger, B., ‘The Common Frame of Reference/Optional Code and the Various Understanding of Social Justice in Europe’, in Wilhelmsson, T., Paunio, E. and Pohjolainen, A. (eds.), Private Law and the Many Cultures of Europe (The Hague: Kluwer Law International, 2007) 177, 181–184Google Scholar

Grundmann, S., ‘Der Optionale Europaische Kodex auf der Gundlage des Acquis Communautaire – Eckpunkte und Tendenzen’, in Mansel, H. -P., Pfeifer, T., Kronke, H., Kohler, C. and Haussmann, R. (eds.), Festschrift fur Eric Jayme (Munich: Sellier, 2004) 1259Google Scholar

Collins, H., ‘Formalism and Efficiency’ (2000) 8 European Review of Private Law211CrossRef Google Scholar

Teubner, G., ‘Legal Irritants: Good Faith in British Law or How Unifying Law Ends Up in New Divergences’ (1998) 61 Modern Law Review11CrossRef Google Scholar

Collins, H., ‘Transnational Private Law Regulation of Markets’ (1998) 4 Europa e diritto privato967Google Scholar

Beale, H., ‘Finding the Remaining Traps instead of Unifying Contract Law’, in Grundmann, S. and Stuyck, J. (eds.), An Academic Green Paper on European Contract Law (The Hague: Kluwer Law International, 2002). 67. For a more extended theoretical discussion of the economic costs and benefits: J. Smits (ed.), The Need for a European Contract Law: Empirical and Legal Perspectives (Groningen: Europa Law Publishing, 2005).Google Scholar

Collins, H., ‘The Common Frame of Reference for EC Contract Law: A Common Lawyer's Perspective’, in Meli, M. and Maugeri, M. R., L'Armonizzazione del diritto privato europeo (Milan: Giuffrè Editore, 2004) 107Google Scholar

Beale, H., ‘The European Commission's Common Frame of Reference Project: A Progress Report’ (2006) European Review of Contract Law303Google Scholar

Lurger, B., ‘The Common Frame of Reference/Optional Code and the Various Understandings of Social Justice in Europe’, in Wilhelmsson, T., Paunio, E. and Pohjolainen, A. (eds.), Private Law and the Many Cultures of Europe (The Hague: Kluwer Law International, 2007) 177Google Scholar

O. Lando, ‘The Structure and the Legal Values of the Common Frame of Reference (CFR)’ (2007) 3 European Review of Contract Law245Google Scholar

Kuneva, M., ‘Introduction’ (2007) 3 European Review of Contract Law239CrossRef Google Scholar

Beale, H., ‘The Future of the Common Frame of Reference’ (2007) 3 European Review of Contract Law257CrossRef Google Scholar

Teubner, G., ‘Legal Irritants: Good Faith in British Law or How Unifying Law Ends Up in New Divergences’ (1998) 61 Modern Law Review11CrossRef Google Scholar

Beveridge, F. and Nott, S., ‘A Hard Look at Soft Law’, in Craig, P. and Harlow, C. (eds.), Lawmaking in the European Union (London: Kluwer Law International, 1998) 285Google Scholar

Whittaker, S. and Zimmermann, R., ‘Good Faith in European Contract Law: Surveying the Legal Landscape’, in Zimmermann, R. and Whittaker, S. (eds.), Good Faith in European Contract Law (Cambridge: Cambridge University Press, 2000) 7Google Scholar

Bigwood, R., Exploitative Contracts (Oxford: Oxford University Press, 2003).Google Scholar

Hoch, M., ‘Is Fair Dealing a Workable Concept for European Contract Law?’ (2005) 5(1) Global Jurist TopicsCrossRef Google Scholar

Burca, G., ‘The Drafting of the European Union Charter of Fundamental Rights’ (2001) 26(2) European Law Review126Google Scholar

Kenny, M., ‘Constructing a European Civil Code: Quis Custodiet Ipsos Custodes?’ (2006) 12 Columbia Journal of European Law775Google Scholar

Weatherill, S., ‘The Constitutional Competence of the EU to Deliver Social Justice’ (2006) 2 European Review of Contract Law136CrossRef Google Scholar

,Study Group on Social Justice in European Private Law, ‘Social Justice in European Contract Law: A Manifesto’ (2004) 10 European Law Journal653, 673–674CrossRef Google Scholar

Kuneva, M., ‘Introduction’ (2007) 3 European Review of Contract Law239CrossRef Google Scholar

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III - The hidden code

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