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Principles of European Contract Law

Ole Lando and Hugh Beale

+ An arbitrator has to decide a case under a contract `to be governed by internationally accepted principles of law'

+ A business person is negotiating a contract with a company in another EU state, but neither party wishes to apply the law of the other party's country

+ A lawyer is advising parties to contracts involving parties in other States

+ An EU official is drafting a new Directive affecting contracts

+ A professor of law wants her students to gain a solid understanding of the way in which contracts are treated by the laws of the different Member States, and to understand the common principles All these need to know the fundamental principles of contract law shared by the legal systems of the Member States and to have a concise, comprehensive and workable statement of them. The Principles of European Contract Law provide this.

The Principles have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organisations. The Principles are stated in the form of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. A particularly valuable feature is that each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. The Principles of European Contract Law Parts I & II cover the core rules of contract: formation, authority of agents, validity, interpretation, contents, performance, non-performance and remedies. The articles previously published in Part I (1995) are included in a revised and re-ordered form.

Throughout Europe there is great interest in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The Principles of European Contract Law are essential steps in these projects.

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