November 18, 2010

MEP Interview: Additional points of view

What up guys,

I'm am back with a fresh batch of new information, views and comments on European contract law to give you some interesting or unusual insight into the sometimes seemingly dull world of contract law.

So here we go.

I want to catch up immediately where I left off last week, because I felt that this subject needed some additional commenting. So here's the continuation of my review of the interesting interview a slovakian website conducted with UK LibDem MEP Diana Wallis.

Therein, Wallis gave her point of view on the question of how to improve trade relations among the economic actors, most notably small businesses, of the different EU member states.

She identifies, as did this blogger already before, the issue of to many different European legal systems which make it difficult for a lot of companies to sell their products or services across their borders, given the uncertainty revolving around the compliance with the laws of each member state, which sometimes can differ substantially from the ones at home.

What Wallis then proposes, and I proposed as well in my first blog, is a common European contract law, which, even though optional, could be applied identically in every single member state regarding cross-border trade relations, but could also be extended to non-commercial relations if politically desired.

Then Wallis puts an option forward that I personally find pretty unrealistic. She suggests that for internet transactions, there could be an “European flag” button on the website which could be pushed if a costumer would like to opt for the European contract law option.

As far as I see this matter, no internet-business would present such a button, already nowadays, customers have little to no choice because internet sellers impose their general terms and conditions including the applicable jurisdiction on costumers, private or small businesses. It would be the task of the European legislative body to impose some rules regarding the Europe-wide enforcement of such an European contract law so that everyone could actually profit from it.

That aside, a common European legal framework in the domain of contract law needs to take into account certain characteristic features the most dominant legal systems in the EU possess, which will be the subject I will be dealing with next week.

Till then, stay legal;-)


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