StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Not enough though has been given in any European code to the way contracts might or should be classified Do you agree - Essay Example

Comments (0) Cite this document
Summary
“Not enough thought has been given in any European code to the way contracts might or should be classified.” Do you agree? In recent years there has been an overwhelming move to develop a unified system of laws and legal framework. This move has not been limited to one region as such but is more of a global concept…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER98.7% of users find it useful
Not enough though has been given in any European code to the way contracts might or should be classified Do you agree
Read Text Preview

Extract of sample "Not enough though has been given in any European code to the way contracts might or should be classified Do you agree"

Download file to see previous pages Main land Europe is looking to create a common civil legal framework which will be developed in a number of steps. This common legal framework is currently being heralded as the European Civil Code and would require coordinated efforts over a number of decades for effective implementation3. The first step has been termed as the PECL4 and is aimed at unifying the contract law prevalent throughout Europe. Success of the PECL and its precedents will determine if it is possible at this stage to develop a common legal framework for the European continent. This could have even wider implications for the global harmonisation attempt given that the obstacles encountered in PECL would be encountered similarly elsewhere too. Importance of the PECL is enhanced by the fact that the European community is looking to create the Common Frame of Reference based on the learning from the PECL5. At this point in time the PECL is not an instrument that has been recognised by governments around Europe. Instead the PECL is more or less a document drafted by academics to serve as a standard reference when hard-core moves to harmonisation are attempted. The PECL is a broad attempt to create a set of “general rules” which are flexible enough to accommodate future developments and to provide a framework for contract law6. Here due consideration must be provided to the fact that contract law is the first thing that is being attempted in terms of a common legal framework for a number of reasons. Contract law is highly important when it comes to cross border trade. The significant differences between national contract laws make trade beyond borders costly, time consuming and often legally complex. Furthermore, a number of companies are dissuaded from trading in neighbouring nations because of complex trading instruments and their legal ramifications. This in turn promotes domestic trade at the expense of transnational trade which is not beneficial for the commercial interests of the European Union. Europe is currently looking to develop something close to the Lex Mercatoria so that trading and commercial transactions of all kinds are simple all across Europe7. In order to facilitate trading all over Europe with the same legal principles it was necessary to create a common legal framework. The PECL is the resulting legal framework which has emerged from these efforts. In addition there is another reason behind the PECL’s importance. As mentioned before, the PECL will serve as the basis for the future of the Common Frame of Reference so this enhances the important of the PECL even more. Here it must also be mentioned that the success of the PECL and the Common Frame of Reference are critical to the future of harmonisation attempts in Europe. Hence, careful consideration is mandatory in order to provide a framework that is successful and tends to provide solutions that are holistic. Any such framework would need to be carefully thought out. As mentioned before, there is no question of implementation as yet because these harmonised frameworks are merely guidance based as yet and are not strictly enforceable as yet. Drafting a standard set of principles for guidance over the domain of contracts may not be as simple or straightforward as it may seem. Perhaps the greatest obstacle to creating a common contractual framework is coming to ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Not enough though has been given in any European code to the way Essay”, n.d.)
Retrieved from https://studentshare.org/law/1396880-not-enough-though-has-been-given-in-any-european
(Not Enough Though Has Been Given in Any European Code to the Way Essay)
https://studentshare.org/law/1396880-not-enough-though-has-been-given-in-any-european.
“Not Enough Though Has Been Given in Any European Code to the Way Essay”, n.d. https://studentshare.org/law/1396880-not-enough-though-has-been-given-in-any-european.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Not enough though has been given in any European code to the way contracts might or should be classified Do you agree

Has Government by States Given Way to Inter and Non-State Governance

The application of theories related to the state and its governance can be proved very helpful towards the creation of an effective and well-structured state. However, the phenomenon of a ‘subjective’ interpretation of the above theories is common especially when there are specific targets that need to be achieved by the interested parties (usual participants in a state’s political or social life). For this reason, it is necessary that specific rules and guidelines are followed when studying and interpreting the views of theorists regarding the position, the role and the power of the state.

Within the state, there are many ‘political’ and ‘social’ forces that try to impose their...
10 Pages (2500 words) Report

The Way Sports Governing Bodies Have Historically Developed

However, because the intervention of the state in sports (as in all social activities) needs to be appropriately regulated, it is a common practice for governments around the world to follow specific strategies when having to interact with sports organizations. The above assumption has been also supported by Johnson who found that when the government plans to intervene in the area of sports, there are three common types of policies that it tends to apply: “integrative, symbolic and instrumental” (1982, 22). Moreover, the evaluation of the whole governmental effort led to the conclusion that “the significance of domestic sports policy is found in the modification and reinforcement of citizen values and beliefs; ho...
8 Pages (2000 words) Assignment

European Business Environment

The EU makes legislation that has to be implemented by twenty – seven Member States. Despite the fact that ministers of the United Kingdom actively participate in the discussions stage and in decision making, the fact remains that all the Member States collectively arrive at the final decision.
The European Economic Community was founded by the Treaty of Rome on the 25th of March, 1957. Its preamble states that a major goal or the EEC was to abolish international trade restrictions adopting a suitable commercial policy. However, this was never achieved, because, the purpose of forming the EEC was to empower the Member States against its economic rivals who did not belong to the EEC. An extreme example of such protection...
11 Pages (2750 words) Assignment

A Single European Market

The EC community went a step further and created a common currency called the Euro in 1999. Most member states accepted the Euro, with the most notable exception being the United Kingdom which holds in the Pound currency one of the most valued currencies in the world. The SEM framework inspired greater joint laws in order aspects of administrating a region such as common laws in farming and fishery. The evolution of the European Community attracted greater sums of foreign direct investment into the continent. Europe also changed the way its strategic focus in many industrial sectors in the 21st century to compete in the global economy. This report analyzes the European region by dividing the paper into seven major topics: Single E...
11 Pages (2750 words) Assignment

Napoleon and the Transformation of European States and Societies

Napoleon’s unyielding battle cry required huge recruitment into the army, the radical aspect of the modern state that created the main inconsistencies of the Empire making his rule remain contentious (Brown, 2007).

The period of Napoleon, that is 1801-1805, is marked as the formation of the Grande Armee1 and the allied armies of European empires demonstrating warmongering tendencies. It wa5snt just France and Napoleon but also Great Britain, Russia, Austria, and Prussia that were belligerent empires, as is obvious from the outcomes of the Congress of Vienna in 1814-18152. The new geopolitics and resolutions thus resulted in continued till 1848 when revolutions across the continent ended the Vienna arrangement. The...
7 Pages (1750 words) Term Paper

The European Convention For the Protection of Human Rights

Although the European Court of Justice has interpreted the Convention as imposing positive obligations on member states, the text of the Convention itself belies such a claim. Moreover, the supremacy of the provisions contained in the Convention functions to compromise the predictability and consistency of national laws with the result that it places an undue burden on member states. 

The House of Lords together with the House of Commons in its Twenty-sixth Report titled, Joint Committee on Human Rights distinguishes between negative and positive obligations in the context of the European Convention on Human Rights. The joint committee offered the following explanation:

“Most of the ECHR rights are...
14 Pages (3500 words) Term Paper

The Leading Role in the European Literature of Leo Tolstoy

In contrast to other writers of his generation, Tolstoy was connected with noble families of the Russian aristocracy, who had brilliant French pronunciation and manners. At the same time, he was a person full of antagonism. When Leo was nine he became an orphan. Tolstoy’s upbringing was in the hands of Madam Egorsky. Having lost the parents Tolstoy became a rather difficult child. He was a naughty boy with unexpected deeds, thoughts, ideas, but very kind-hearted (Derrick Leon, 1944, p. 54).

In contrast to other writers of his generation, Tolstoy was connected with noble families of the Russian aristocracy, who had brilliant French pronunciation and manners. At the same time, he was a person full of antagonism. Whe...
8 Pages (2000 words) Term Paper

Legal Aspects of Commercial Contracts

In addition, the working day could not exceed eight hours. Moreover, individuals working in the night shift had to be provided with free health assessments. Further, every worker was to be permitted an eleven hour rest period daily (Hardill, 2002. P. 66). In addition, there had to be a one day break from work per week. Furthermore, if the number of working hours were in excess of six hours per day, then the employer had to allow a rest break during the working hours. Finally, it was specified that every worker was entitled to four weeks of paid leave per annum (Employment Matters, 2007).

At the time of his employment, Ben was seventeen years. All the same, he was made to work for more than forty hours a week. In additio...
6 Pages (1500 words) Case Study

Contributions of Ancient Greeks to Science as a Way of Knowing

It is not kept from history that the Grecian civilization back then in the earlier centuries of human development paved the way towards a human understanding of the numerous things that existed on earth. They were among the earliest philosophers, to this particular race came the first most known inventors and scientists who opened the minds of the human society towards the new age of understanding life and the things beyond it. 
Astronomy has been the main reason why the development of the Copernican theory about the existence and the characteristics of the Universe has been pursued to be explained further through scientific pieces of evidence. As a response to the Copernican Models of the Universe’s arrangement an...
7 Pages (1750 words) Essay

Ideal Way of Achieving the American Dream

According to the American dream, everyone is equal despite his or her gender while pursuing the dream. Majority of Americans interpret it as the attainment of wealth; the dream embodies the attainment of materialistic goals. However, others view the dream as more than the achievement of material wealth. Furthermore, the American dream depicts America as the country full of opportunities (Bloom & Blake 5).
Over the years, Americans have perceived the American dream differently. The dream has changed significantly since the days of the founding fathers. First, it promised Americans equal opportunities then it became the achievement of material wealth (Kochan 3). F. Scott Fitzgerald illustrates the American Dream aptly in hi...
11 Pages (2750 words) Literature review
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Not enough though has been given in any European code to the way contracts might or should be classified Do you agree for FREE!

Contact Us