Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-pfhbr Total loading time: 0 Render date: 2024-07-15T03:56:31.697Z Has data issue: false hasContentIssue false

6 - Circulation of common law contract models in Europe: the impact of the European Union system

from PART 2 - Methodological challenges

Published online by Cambridge University Press:  11 April 2011

Jean-Sylvestre Bergé
Affiliation:
Université Paris Ouest Nanterre La Défense
Giuditta Cordero-Moss
Affiliation:
Universitetet i Oslo
Get access

Summary

The European Union system and circulation of common law contract models

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 or her law to a foreign contract model. For instance, within the area of contract law could be considered the case law of the Cour de Cassation or the appellate courts and tribunals, in terms of their ability to enforce contract models from different systems of common law.

While not strictly speaking a specialist in contract law but rather in EU and comparative law, I will suggest another line of enquiry. My aim will be to try to show that EU law and, particularly, the case law of the European Court of Justice compel national lawyers to welcome into 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 systems.

An almost perfect example: the Courage case

In an attempt to illustrate my demonstration, I will rely on an almost ‘perfect’ example: the Courage ruling: ECJ, 20 September 2001, Case C-453/99.

The referral requesting a preliminary ruling originates from a dispute in England involving a brewery and a publican, who were both bound by a lease agreement and an exclusive purchasing clause. The disagreement concerned the settlement of various bills corresponding to deliveries of beer.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

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
×