All entries for Wednesday 13 October 2010

October 13, 2010

An ideology or a real goal…


European contract law: Harmonisation step by step…

Hi!

I would like to propose you now a reflexion about the real possibilities of the one codification of European Contract Law accepted by the majority of European citizens. In fact sometimes I am just thinking that we really need to agree on a neutral language which would be the best to express the juridical ideas. For me, there are some lawyers who will never accept the idea of working on the something which is written in an other language. We can also be worried about the formation of the lawyer specialised on this topic…Are they enough? Are the Jurisdictions prepared to change their way of working? Are we enough open minded to take this challenge?

Another bad aspect of the harmonisation and the unification is the cost. Who will pay for it because we don’t know now if it will be a success. If the project begins one days, we will need money because the current juridical structures of European countries are not physically prepared to welcome new files.

The last point that I would like to see is the nature of contract and commercial relations. It’s a game. If we all have the same rules, how the system of my country could be more attractive of the system of my neighbour? Do countries are really ready to give up this kind of Sovereignty?

Many questions…I know guys but the points is that we have to put the education and the formation of the lawyers and the citizens as a priority if we want that ideal to come true.


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