Principles of European Contract Law: Bearer of Traditions and Response to Modern Needs

Ghanavati, Jalil

Principles of European Contract Law: Bearer of Traditions and Response to Modern Needs

Document Type : Scientific Paper

Author

Jalil Ghanavati

Assistant Professor of Law, Qom University

Abstract

Among the documents on contract law, the Principles of European Contract Law (PECL) are the best result of the endeavors for the unification of European law in the realm of contract law. After expiration of a short time from its publication, the PECL find a suitable place in Europe and outside the Continent .The Principles have two important features: they contain the European legal tradition as well as respond the needs of modern world in the area of contract law.
The PECL do not bind the courts. They can only work by their force of persuasion. They are treated as soft law which was drafted and published by academics who are not members of political parties and governmental organs. However, the main purpose of the European Principles is to serve as a first draft of a part of a European Civil Code.
The PECL may also perform a function similar to that of the American Restatement of the Law of Contract, which was published in its second edition in 1981. The Restatement is a non-binding body of rules which purport to state the Common Law of contracts of the United States. It offers its rules to courts and arbitrators which need help and advice. It is part of the lex mercatoria.

Keywords

the Principles of European Contract Law

Legal Tradition

Common Frame of Reference

Soft Law

Jus Commune

Aquis Communautaire

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