Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea*
Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea*
This chapter focuses on a key document within the process of the Europeanisation of private law legal scholarship, the Principles of European Contract Law (PECL). It suggests that these principles can be considered as a contemporary manifestation of a genuinely European tradition which used to be called ius commune and argues that they can also serve a catalyst for a Europeanisation of private law ‘from within’ and ‘from below’. The chapter contends that these principles should be taken into consideration not only by comparative lawyers but, particularly, by all those engaged in shaping and elucidating national legal doctrine.
Keywords: PECL, private law, legal scholarship, ius commune, Europeanisation, comparative lawyers, legal doctrine
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