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An Uncivil Code in the EU?

By Mark Abell
February 06, 2006

In the wake of the tidal wave of franchise regulation that has hit Europe, in France, Spain, Italy, Belgium, Lithuania and Estonia, there is another tidal swell rapidly approaching. Over the last 3 years, a privately financed group of European academics, working under the title, “The Study Group on a European Civil Code,” have been developing a model European Civil Code. One of the Study Group's subgroups (the “Amsterdam Team”) has drafted a chapter on Commercial Agency, Franchise and Distribution Contracts, the latest draft of which is dated January 2005.

The need for the commercial law in the EU to be harmonized has been recognized for some time by a number of organizations, not least of all the Study Group. The Study Group is a network of academics, from across the EU, conducting comparative law research in private law in the various legal jurisdictions of the member states.

The aim of The Study Group is “to produce a set of codified principles for the core areas of European private law (patrimonial law)… the principles [of] which … will represent more than a mere restatement of the existing law in the various EU jurisdictions from the standpoint of the predominant trends among the diverse legal regimes … [and] … seek to formulate principles which constitute the most suitable private law rules for Europe-wide application.”

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