PRINCIPLES OF CONTRACT LAW OF THE EUROPEAN UNION
Besam HIRDO
Abstract
The Principles of European Contract Law (PECL) represent a significant scholarly effort to develop a common normative framework for contracts within the European Union, reflecting the core elements shared among the legal systems of the Member States. These principles, drafted by the Commission on European Contract Law under the leadership of Professor Ole Lando, combine aspects of the civil law and common law traditions, thereby offering a balanced and coherent set of rules intended to guide contractual relationships across Europe. Drawing on the case law of the Court of Justice of the European Union, as well as contemporary doctrinal developments, the PECL seek to enhance legal certainty, promote transparency, and ensure a fair equilibrium of rights and obligations between contracting parties. This paper examines the contribution of the PECL to the functioning of the EU internal market by harmonizing essential areas of contract law that traditionally differed significantly between national legal systems. The analysis focuses on fundamental notions such as good faith and fair dealing, party autonomy, proper performance of obligations, and liability for non-performance. Additionally, key doctrines such as force majeure and hardship are explored, as they are crucial in situations where unforeseen circumstances significantly alter the contractual balance. The aim of this study is to assess the importance of the PECL in the development of a more uniform European contract law regime and to evaluate their influence on national legal frameworks. Through comparative and historical analysis, the paper emphasizes that the PECL constitute an important step toward the approximation of private law in Europe and serve as a foundation for further integration initiatives, including the Draft Common Frame of Reference and potential future codification efforts.
Pages: 9 - 21