All entries for Wednesday 20 October 2010

October 20, 2010

Unification of contract law

Writing about web page contract, unification, consequences

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Definitely, the creation of a global unification of contract law, which already has been attempted to realize in its main features by the CISG, would simplify the set of problems, concerning a corresponding law system in cases when foreign elements are appropriated.

Nevertheless, an unification would involve numerous difficulties: The first bill would implicate difficulties concerning the language-choice; particularly with regard to duplication a precise translation of technical terms, which are possibly unacquainted in some legal systems, is required.

Herefrom resulting error sources pave the way for a jurisdiction, affected by interpretation, which is unavoidable attended by a relativisation of unity.
Furthermore, attention should be paid to studies of comparative law to which such an unification would put a stop; for this reason not only the sight of other legal systems would be lost, but also the further development of the particular legislation will be impossible.The fear of a deprivation of Sovereignty, caused by the establishment of unitary contract law, which has been assumed greater proportions concerning the ever-growing influence of an international system of intergovernmental and supranational organisations, as much as the political and commercial interdependency of states, would complicate the process increasingly.

In my opinion, the most crucial argument against the Unification of contract law is the territorial deprivation of flexibility, which originates in time-consuming proceedings, especially through ratifications of international law.
The commencement of an international contract demands a ratification by all co-contractors (c.f. Art. 59 II GG), whereby any alteration inside of a member state and according to these alterations, necessary laws, for example concerning socio-political circumstances, couldn’t be added to the contract without further ado.
However it’s still doubtful, whether such an unification wouldn’t lead inevitably to a world-wide dictatorship without any separation of powers, which would ease the abuse of power.

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