Circulation of Common Law contract Models

Jean-Sylvestre BERGE, , Circulation of Common Law Contract Models: The Impact of EU System, cejec-wp, 2008/1


There are several ways to assess the reception by a legal system of contract models from another legal system. The easiest way is to examine how a national judge applies his law to a foreign contract model. For instance, within the area of contracts law could be considered the case-law of the Cour de Cassation or the appellate courts and tribunals, in their ability to enforce contract models from different systems of Common Law. While not strictly speaking as a specialist in contract law but rather in European Union & Comparative Law, I will suggest another line of enquiry. My aim will be to try to show that the European Union law and, particularly, the case-law of the Court of Justice of the European Communities, compels national lawyers to welcome in their systems , legal situations located in another Member State. Thus, European law promotes the movement of models and leads the national lawyer to handle rules of foreign system.

This paper was presented at a conference in Oslo in November 2008.

A final version  will be published in « Circulation of English contract models » (ed. G. Cordero Moss), Cambridge University Press.