Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-m9kch Total loading time: 0 Render date: 2024-05-21T02:11:47.227Z Has data issue: false hasContentIssue false

8 - Unification of the European law of obligations and codification of Catalan civil law

Published online by Cambridge University Press:  30 July 2009

Santiago Espiau Espiau
Affiliation:
Professor of Civil Law Universitat de Lleida, Catalonia, Spain
Hector L. MacQueen
Affiliation:
University of Edinburgh
Antoni Vaquer
Affiliation:
Universitat de Lleida
Santiago Espiau Espiau
Affiliation:
Universitat de Lleida
Get access

Summary

Scope and terms of comparison

Scope of comparison: the law of obligations

The topic of the present chapter, ‘Unification of the European law of obligations and codification of Catalan civil law’, has been chosen for several reasons. Firstly, there is the prospect of a future Catalan patrimonial law code, in relation to which the legislative competence of the Catalan Parliament (Generalitat de Catalunya) as regards obligations and contracts will still – presumably – arouse controversy. Secondly, there is the growing importance within Community law of regulations devoted specifically to this matter. And finally, there is the conviction that, in the exercise of its legislative competence, the Generalitat must not only adapt to social reality and adjust to the 1978 constitution, but also embrace the principles that underpin a Community legal system which, little by little, is consolidating progressively.

Terms of comparison

The expressions ‘European law’ and ‘Catalan civil law’ lend themselves to various interpretations, and the first thing is to clarify, right at the outset, their significance.

The expression ‘European law’ is confined to Community law created by and at the instance of the bodies and institutions of the European Union. In the first instance, this means Community directives; but reference will also be made to the Principles of European Contract Law (PECL), drawn up by the Lando Commission, under the patronage of the Commission of the European Community, and endorsed by both resolutions of the European Parliament.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×