Contract law as the basis of the right in Europe

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In the last 10-20 years in the legal literature is often found such a term as the right of Europe.For the first time this phrase appeared in the 50s of the last century, but, despite the fact that since then has passed quite a few years, among scholars there is no uniform interpretation of the concept.Therefore, approaches to the understanding of this complex set of legal phenomena in different legal scholars are very different among themselves.However, few deny that one of the basic foundations of this multifaceted phenomenon is a contractual right.

Of course, the national legal systems of many European countries in many respects not the same, primarily due to the fact that, historically, they were formed at different foundations - Roman, Anglo-Saxon, Germanic ... However, the emergence of the European Union and the increasingly close convergence of countries in the regionboth politically and culturally, and economically, and the strengthening of supranational institutions more leads to the fact that the boundaries between different types of control rights blurred, and these forms are intertwined, acquiring interrelated.The presence of such a common space in the legal field in particular contributes to the contractual right.

First of all, the term is used to refer to the whole integrity of the agreements between the various European countries, including multilateral.Thus, we can say that this industry is between countries governed by the principles of international, in this case the regional rights.However, it should turn the system into the mainstream in Europe.It was necessary to adapt to each other a lot of differences, which has a contractual right in each of the national legal systems.To do this, it sets up a special commission, headed by the famous lawyer from Denmark, Ole Lund.

The Commission first of all took what began to study and compare the traditional basic rules of each country in order to assess whether they are suitable for securing within the overall legal scheme of the European Union.To this end we were still analyzed and developed elements of other world systems implementation agreements.This work initially was purely academic, scientific character, but it quickly became clear that its fruits can be used very well in practice.Therefore, in 1999, the result of work of the Commission were deemed part of the EU legislation.Thus arose the Principles of European Contract Law.

In short they can be summarized as follows.Firstly, this agreement in the course of a promise to be fulfilled, and the mutual commitments entered into must be observed (pacta sunt servanda).In addition, the contract law, set out in principle, requires each party to demonstrate that it has a clear and rigorous intention to conclude precisely this agreement, and that the other party may, according to "reasonable grounds" to expect from it some clearly expressed actions (bona fide).And finally, if the above reasons, the contract shall be valid regardless of its form, and whether he concluded in writing or orally, and the moment when it is delivered to the addressee.

sometimes resulting from these principles of legal standards is also called the Commercial Code of the EU, because they are mostly used in the industry to regulate economic and trading activities.Some researchers believe that in this way in a vast supranational conglomerate, which is the European Union, is reviving the traditional concept of lex mercatoria.It, like other sources of contract law, helps to overcome the obstacles hindering the development of the economy and by improving the trade fair, as suggested by more Montesquieu, "the morals of nations."