A European contract law for consumers and businesses

A European contract law for consumers and businesses: Publication of the results of the feasibility study carried out by the Expert Group on European contract law for stakeholders' and legal practitioners' feedback.

An expert group established by the European Commission has delivered a feasibility study on a future initiative on European contract law. In April 2010, the Commission convened the group, made up of legal practitioners, former judges and academics from across the European Union, to explore ways to improve contract law in the EU. The group met monthly and regularly discussed its work with representatives of businesses – including small- and medium-sized companies (SMEs) – consumer organisations and legal professionals. Observers from the European Parliament and the Council also participated. The study covers the most relevant practical issues in a contractual relationship, such as legal rights for faulty goods and rules on which contract terms may be unfair. Following today’s publication, interested parties can send their feedback on the individual articles drafted by the expert group until 1 July 2011. The Commission will take into account this input, as well as the results of a public consultation concluded in January 2011. As a next step, the Commission will have to determine if and to what extent the expert group’s text can serve as a starting point for a political follow-up initiative on European contract law [read more].

TABLE OF CONTENTS

PART I INTRODUCTORY PROVISIONS
CHAPTER 1 - GENERAL
Section 1: Application of the instrument
Section 2: General principles
Section 3: Other general rules

PART II MAKING A BINDING CONTRACT
CHAPTER 2 - PRE-CONTRACTUAL INFORMATION AND NEGOTIATION
Section 1: Pre-contractual information to be given by a business dealing with a consumer
Section 2: Pre-contractual information to be given by a business dealing with another business
Section 3: Duty to ensure information correct
Section 4: Remedies for breach of information duties
Section 5: Contracts to be concluded by electronic means
Section 6: Duties to negotiate in good faith and to respect confidentiality
CHAPTER 3 - CONCLUSION OF CONTRACT
CHAPTER 4 - RIGHTS TO WITHDRAW
CHAPTER 5 - DEFECTS IN CONSENT

PART III - ASSESSING WHAT IS IN THE CONTRACT
CHAPTER 6 - NTERPRETATION
CHAPTER 7 - CONTENTS AND EFFECTS
CHAPTER 8 - UNFAIR CONTRACT TERMS AND DEFAULT OPTIONS
Section 1: General provisions un unfair terms
Section 2: Unfair terms in contracts between a business and a consumer
Section 3: Unfair terms in contracts between businesses
Section 4: Terms which are unfair because of the way the other party’s agreement was obtained
Section 5: Agreement obtained by use of default options

PART IV - OBLIGATIONS AND REMEDIES OF THE PARTIES TO A SALES CONTRACT
CHAPTER 9 - GENERAL PROVISIONS
CHAPTER 10 - OBLIGATIONS OF THE SELLER
Section 1: General
Section 2: Delivery
Section 3: Conformity of the goods
CHAPTER 11 - BUYER’S REMEDIES
Section 1: General
Section 2: Seller’s right to cure
Section 3: Requiring performance
Section 4: Withholding performance of buyer’s obligations
Section 5: Termination
Section 6: Price reduction
Section 7: Requirements of examination and notification in a contract between businesses
CHAPTER 12 - OBLIGATIONS OF THE BUYER
Section 1: Overview
Section 2: Payment of the price
Section 3: Taking delivery
CHAPTER 13 - SELLER’S REMEDIES
Section 1: General
Section 2: Requiring performance
Section 3: Withholding performance of seller’s obligations
Section 4: Termination
CHAPTER 14 - PASSING OF RISK
Section 1: General provisions
Section 2: Passing of risk in consumer sales contracts
Section 3: Passing of risk in contracts between businesses

PART V - OBLIGATIONS AND REMEDIES OF THE PARTIES TO A RELATED SERVICES
CONTRACT
CHAPTER 15 - GENERAL PROVISIONS
CHAPTER 16 - OBLIGATIONS AND REMEDIES OF THE PARTIES
Section 1: Obligations of the service provider
Section 2: Obligations of the customer
Section 3: Remedies

PART VI - DAMAGES, STIPULATED PAYMENTS FOR NON-PERFORMANCE AND INTEREST
CHAPTER 17 - DAMAGES, STIPULATED PAYMENTS FOR NON-PERFORMANCE AND INTEREST
Section 1: Damages
Section 2: Stipulated payment for non-performance
Section 3: Interest on late payments: general rules
Section 4: Provisions combating late payments by commercial debtors

PART VII - RESTITUTION

PART VIII - PRESCRIPTION
CHAPTER 19 - PRESCRIPTION
Section 1: General provision
Section 2: Periods of prescription and their commencement
Section 3: Extension of period
Section 4: Renewal of period
Section 5: Effects of prescription
Section 6: Modification by agreement

ANNEX I (A)
ANNEX I (B)

Agradezco la información al Prof. Dr. Stefan Leible (Lehrstuhl für Bürgerliches Recht, Internationales Privatrecht und Rechtsvergleichung - Universität Bayreuth).

Véase también el blog de Marina Castellaneta.