Monthly Archives: November 2011

The House of Commons on subsidiarity and the Common European Sales Law

The European Scrutiny Committee of the UK House of Commons has concluded that the proposal for a Common European Sales Law “does not respect the principle of subsidiarity”. This is an astonishing conclusion. The principle of subsidiarity is defined in … Continue reading

Posted in Uncategorized | Leave a comment

New Encyclopedia of European Private Law

Oxford University Press has announced the forthcoming publication of an English language version of the new Max Planck Encyclopedia of European Private Law. The available information, including sample entries – see http://ukcatalogue.oup.com/product/9780199578955.do – is enough to whet the appetite. The … Continue reading

Posted in Uncategorized | Leave a comment

European Law Institute kicks off in Vienna

The European Law Institute has opened its office in Vienna and, to mark the occasion, is staging, on 17th November,  a public presentation of the organisation and the work of the secretariat. The indefatigable Viviane Reding, Vice-President of the European … Continue reading

Posted in Uncategorized | Leave a comment

Sound advice from the Law Commissions on the Common European Sales Law

At a conference in London on the EU contract law project a few years ago I found myself standing next to a stranger. I introduced myself – “Eric Clive, Edinburgh University”. He replied “Thismus Bestopt”. I learned his real name … Continue reading

Posted in Uncategorized | Leave a comment

New Czech civil code approved

The new Czech civil code was approved by the Chamber of Deputies, the lower House of Parliament, on 9 November 2011. It consists of over 3000 articles and covers virtually the whole of private law, including the law of obligations, property … Continue reading

Posted in Uncategorized | Leave a comment

The UK take on cross-border Internet trading and growth in the EU?

In an unscripted part of her speech to the Warsaw conference on European Contract Law, delivered on 10 November 2011, EU Commissioner Viviane Reding quoted another speech delivered the previous day in the European Parliament by the UK's Deputy Prime … Continue reading

Posted in Uncategorized | Leave a comment

Will CESL be the end of harmonisation as we know it, maximum or otherwise?

Another interesting point that emerged from the Warsaw conference on European Contract Law was whether the familiar, if not always satisfactory, EU technique of harmonising the domestic laws of Member States by way of Directive was at an end, at … Continue reading

Posted in Uncategorized | Leave a comment

UK Law Commissions publish advice to UK Government on the CESL

The two UK Law Commissions (of England & Wales, and the Scottish Law Commission), published a joint advice to the UK Government on the Common European Sales Law (CESL, or Cecil to the Law Commissions' teams over the last month) … Continue reading

Posted in Uncategorized | Leave a comment

First impressions of the Warsaw conference on European Contract Law

The mood at this conference was more positive and constructive than at some earlier Presidency conferences on this subject. This was probably due partly to the fact that there is now a concrete proposal for a Regulation on the table … Continue reading

Posted in Uncategorized | Leave a comment

Warsaw conference I

The Polish Presidency and the European Commission are organising a conference on European Contract Law which will be held in Warsaw in the next two days (9 and 10 November). I am in Luton airport on my way there now … Continue reading

Posted in Uncategorized | Leave a comment