Monthly Archives: February 2011

The great Benevolent Intervention email storm

It all started quietly enough with an email from Niall Whitty, the editor of the Stair Memorial Encyclopaedia, asking some colleagues and collaborators whether anybody would object to the use of “benevolent intervention” as a term of art in the … Continue reading

Posted in Uncategorized | Leave a comment

The only thing we have to fear is fear itself

In the previous post Eric Clive has described the UK MoJ response to the European Contract Law Green Paper as "disappointing".  He is too kind (as usual). Applying to the MoJ response the standards that as a university supervisor or examiner … Continue reading

Posted in Uncategorized | Leave a comment

UK Government response to Green Paper on European contract law

The UK Ministry of Justice has published a disappointing response to the European Commission’s Green paper on European Contract Law. It is disappointing because it misdiagnoses the problem and favours options which would do nothing for British businesses or consumers. … Continue reading

Posted in Uncategorized | Leave a comment

Impressive paper by Max Planck Institute on options for European contract law

Reinhard Zimmermann, Jürgen Basedow and colleagues have come out in favour of an optional instrument (OI) on European contract law as the option “which appears to be preferable at present”. They do not, however, recommend the adoption of any specific … Continue reading

Posted in Uncategorized | Leave a comment

The DCFR and Trust Law (II)

There are plans to introduce fully fledged trusts into Italian law and Dutch law. The ways of doing so, the problems which might be encountered, and the potential value of the DCFR in doing so were addressed in the second … Continue reading

Posted in Uncategorized | Leave a comment

The DCFR and Trust Law (I)

What might be the shape of a trust law for a modern European country?  On Monday I had the pleasure of attending a stimulating symposium, organised by the Edinburgh Centre for Private Law, on the trust law provisions of the … Continue reading

Posted in Uncategorized | Leave a comment

Wallis draft report on policy options for progress towards a European contract law

At its last meeting the EU Parliament’s Legal Affairs Committee (JURI) considered a draft report by Diana Wallis on policy options for progress towards a European contract law for consumers and businesses. The document can be read at http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-456.886+01+DOC+PDF+V0//EN&language=EN The … Continue reading

Posted in Uncategorized | Leave a comment

Late Payment Directive 2011

On 24 January the Council of the European Union adopted, following agreement with the European Parliament, the new Late Payment Directive, which will significantly tighten the rules on late payment in commercial transactions. The objective is to further discourage deliberately … Continue reading

Posted in Uncategorized | Leave a comment

Scope of Consumer Rights Directive still up for grabs

The Council formally approved its preferred approach on 24 January. As noted in an earlier post this would confine the scope of the CRD mainly to the recasting of two Directives – on distance contracts and off-premises contracts. The rules … Continue reading

Posted in Uncategorized | Leave a comment