All entries for Thursday 14 October 2010
October 14, 2010
In my first blog entry i would like to talk about my first experiences with the different types of law systems and the treatment of formation of contracts, because thats the first thing that came in my mind reading the second chapter of the European Contract Law Case Book.
I started my german and french law studies at the same time. Thats why I was able to compare the two systems in order to find out what is similar and what different.
For the formation of a contract in Germany there have to be forfilled different expectations than in France. It has been some days I am now studying the english law system, especially the formation of contracts.
As I can constatate for now, all the systems require at least an agreement of the parties concerned by the contract.
The question is, what an agreement looks like. The parties to a contract desire to create some sort of legal connection between them, which indicates that first at all they agree to base this connection on the law. Second they agree on the terms of the contract, the essentialia negotii.
The agreement of the parties is splitted into two parts – the offer made by one party and the acceptation of the offer by the other party.
It is very difficult to find out if there has been made an offer and if it has been accepted.
The french and german systems differ from the english one. The French and Germans try to resolve this question by asking what was going on in the mind of the parties, which shows a very subjectif point of view. The English do not examine the thaughts of the parties, but only the objectif point of view that one party has on the promise given by the other party.
Even this very basic example shows how different the consideration of the “Willenserklärung” “déclaration de volonté” “declaration of intent” in the different systems is.
I am very curious about examining furtheron the three systems and finding out how the formation of contracts is made between these countries on an international basis...