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Restating the Acquis Communautaire? A Critical Examination of the ‘Principles of the Existing EC Contract Law’
Authors:Nils Jansen   Reinhard Zimmermann
Affiliation:Westphalian Wilhelms-University;
University of Regensburg
Abstract:The article examines the 'Principles of the Existing EC Contract Law' (Acquis Principles) published by the European Research Group on the Existing EC Contract Law (Acquis Group), a key player within the academic network charged with the preparation of a 'Common Frame of Reference'. The Acquis Principles may therefore have a considerable impact on the shape and development of EC Contract Law. It is argued that the Acquis Principles do not constitute merely a restatement, or systematic revision, of existing EC private law. To a significant extent, the Acquis Group has drafted 'desirable rules', based on 'political' decisions that may even entail a transformation towards a regulatory model of private law. At the same time, the Acquis Principles clearly demonstrate that the acquis communautaire is not a coherent system of contract law that can be taken to have emancipated itself from the acquis commun .
Keywords:Consumer contract law    acquis communautaire    acquis commun    restatement    Common Frame of Reference    principles of EC contract law
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