The contract law assumes great significance because it touches all the activities of the society. The economic evolutions, the social evolutions and the political evolutions are as many factors, which enabled the evolution of the law. The great European legal models have their own system of operation. The French law, the English law and the German law are the three examples chosen in this study, because they are the legal representation of the three most powerful nations of the European Union (EU).
The EU has tried for sixty years to unify the law in its territory. However, the contracts are not aimed by the provisions taken by EU, because their mechanisms result directly from the legal system of the States. As we live today in a world of exchange between the nations, the need for knowledge of the various approaches of the close countries is of primary importance. This paper answers some pertinent questions like: Which are the great important points of the contract law in the three countries leaders in Europe? What are the common points and differences of these principles? We will analyze these in this study that covers the contractual systems of England, Germany and France.
[...] - Dispute of the contract dispute of the formation. Irregularities during the contract formation can reveal difficulty. The English right seeks to characterize the misrepresentation, the duress, and the undue influence. The misrepresentation: if a contractor was mistaken, but without the knowledge of his partner, the contractor will remain committed by the contract. The misrepresentation supposes an error, but an error which is caused by the other part. In 1967, Misrepresentation Act specified solutions and facilitated the repair of the damage. [...]
[...] There are some difficulties to determine the existence or the extent of an obligation. The judges have an objective interpretation of the contract. However, clauses can be included tacitly (when their presence in the contract appears obvious). When there are illicit or immoral engagements, the judges admit nullity. dispute of the execution. Several aspects of the dispute of the execution are specific to the English law. The concept of Frustration of contract can intervene when the contract does not have more ”raison d'être”. [...]
[...] The judge can also take account of too great economic imbalances (lesion) after the contract signature. Thus, it can balance the contract after its conclusion. The law of July (modifying articles 1152 and 1231 of the Civil code) expressly entrusts to the judge an equitable mission of appreciation. However, until there, only the countable automatism was important. 2 Contracts in German Law The German right is characterized by autonomy from the will. The German Civil code was composed in a scientific way. [...]
[...] The contract is then formed. - The “consideration”. The contract will be valid only if there is consideration. The agreement and the meeting of wills are not enough. The consideration is a specific notion of the English law. To assume an obligation of a contract it is necessary to have a real counterpart. Each contractor must provide the consideration. There are exceptions, which envisage that the consideration does not have to represent the economic equivalent from what will be received. [...]
[...] The contract law in France is founded on the civil code of 1804, also called “Napoleon code”. In spite of many modifications that appeared with time, the spirit of the text is always the same today. First of all see we will present the principle of the autonomy of the will. In a second step we will study which modifications have been made to this principle, in particular by jurisprudence. The autonomy of the will: the principle of the “consensualisme” It responds to a philosophical base and a technical principle. [...]
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