Ole Lando – författare

All these need to know the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law provides this.

The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic.

The Principles of European Contract Law Parts I & II covers the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form.

This is the third and last part of the Principles of European Contract Law prepared by the Commission of European Contract Law under the chairmanship of Professor Ole Lando. Parts I and II were published in 2000 and have attracted great interest and acclaim and a growing volume of secondary literature. The present volume follows the same pattern, a set of proposed Articles drawn up by the Commission, followed by comments and national notes containing a wealth of comparative law. The subjects dealt with in Part III are: plurality of debtors and creditors, assignment, substitution of new debtor and transfer of contract, set-off, prescription, illegality, conditions and capitalization of interest.

No self-respecting contract lawyer in Europe can afford to ignore the Lando Principles. They are not only a useful and convenient source of information about current laws in the countries of the European Union but also a possible blueprint for the contract part of a future European civil code. They are a touchstone against which any discussion of contract law can be tested.

The book will be particularly useful to those engaged in arbitrations with and international element, to those concerned with comparative law, and to those interested in the development of legal policy on contract law at national, European or international level.

This publication contains writings concerning the themes presented and discussed during the meeting. Many of the leading experts in the field attended the meeting.

Table of Contents Does business want a Common Frame of Reference? Paul Abbiati

Is the Draft Frame of Reference compatible with the Position of the Council? - How should the Academic Research be continued? Christian von Bar

Topic 2: The Content of the political CFR – how to prioritise Hugh Beale

Discours d’ouverture, conférence « un cadre commun de référence pour le droit européen des contrats » Jean-Marie Bockel

Do we need specifically European optional instruments for international business transactions? Michael Joachim Bonell

Why the “optional instrument” is not our option Tomáš Břicháček

Informations d’ordre général sur le travail de la Commission relatif au cadre de Référence, ainsi que la voie à suivre Alain Brun

The relationship between the Political frame of reference (PFR) and the consumer acquis Bénédicte Fauvarque-Cosson

Some Aspects on the Position of the CCBE on the DCFR Friedrich Graf von Westphalen

The Common Frame of Reference as a basis for future harmonisation of the law of sale and lease of goods Johnny Herre

A Plea for a Binding Instrument Ole Lando

Erwartungen an den politischen Referenzrahmen Klaus-Heiner Lehne

The results of the discussions in the Council and the future political work with the frame of reference Tanja Rasmusson

Drafting new model rules on sales: CFR as an alternative to the CISG? Ingeborg Schwenzer & Pascal Hachem

Do we need a codification? Leif Sevón

Is non-contractual liability arising out of damage caused to another a natural part of a political frame of reference? Lena Sisula-Tulokas

The (Draft) Common Frame of Reference as a toolbox and as a basis for an optional instrument Matthias E. Storme

Common Frame of Reference and UNIDROIT Principles of International Commercial Contracts: Coexistence, Competition, or Overkill of Soft Law? Stefan Vogenauer