Viola Heutger

Law and Language in the European Union

In this paper I would like to elaborate on the interaction between law and language. The use of the different (legal) languages of the European Union Member States is one of the most practical and most difficult problems in the process of European integration. In February 2003 the Commission launched an Action Plan on European Contract Law. On of the official aims will be the preparation of a common frame of reference, providing a pan-European terminology and rules. Still not solved is the question, if this common frame of reference will be accessible in all Member State languages or only in some selected languages. This article will reflect the need of a better and more coherent legal language use on a European Union level and describe the linguistic instruments offered by national States and the European Union itself.

Art. 73–75: Price Determination

The CESL offers a detailed solution for the determination of the price to be paid in exchange for goods by offering an approach which sticks to the validity of the contract. Within the system of the CESL, this approach is not in line with the open concept of the CESL towards a variety of remedies, including the quite easy termination of the contract. However, this reluctant approach towards the termination of the contract in the case that the price is not determined is well in line with the general approach of good faith and fair dealing inherent to the CESL, European, and international trade.

Do We Need a European Sales Law

A few decades ago nobody was discussing a European Sales Law. Nowadays there are already academic working groups coming up with drafts on a future European Sales Law. The academic endeavours can be divided into three channels at this point in time. One concentrates on an already existing codification and aims to create a whole civil code. Another deduces some principles for European use from the already existing acquis communautaire. The third group is drafting principles on the basis of national legislation, the acquis communautaire and international instruments and will later combine these principles in a Civil Code. The drafted Principles of European Sales Law seek to serve different purposes. On the one hand, they will be an academic answer to the ongoing process relating to the EU-wide harmonization of contract law and will therefore offer their own dogmatic system. On the other hand, they could also be a model law for further comparative and legislative activities within European contract law. The final outcome of this process cannot be predicted, but it can be said that all approaches see the harmonised sales law imbedded within a structure of general rules.