The French and the German Reforms of Contract Law

Stefan  Grundmann; Marie-Sophie  Schäfer

doi:10.5020/2317-2150.2022.14090

Authors

Stefan Grundmann European University Institute, Florence https://orcid.org/0000-0003-2703-705X
Marie-Sophie Schäfer European Law School, Berlim https://orcid.org/0000-0003-0739-2273

DOI:

https://doi.org/10.5020/2317-2150.2022.14090

Abstract

Abstract. France and Germany not only have very prominent private law codifications, but are also those countries which have taken the EC Sales Directive 1999 (among other EU developments) as an invitation to engage in an overall reform of their old Codes at the wake of the 21^st Century. This invites to a comparison, namely because the one reform occurred when transposing the directive, within two years, the other after almost 1 ½ decades of considerations and discussions.

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Author Biographies

Stefan Grundmann , European University Institute, Florence

Holds the chair of Private and Business Law, European Law and Legal Theory at Humboldt University and is still part-time professor of Transnational Private Law and Theory at the European University Institute (where he held this chair from 2013 to 2018). As of 2020, he serves as dean of his faculty. Before joining Humboldt University in 2004, he held chairs of German and International Business Law at several other universities, including Martin-Luther-University in Halle and Friedrich-Alexander-University Erlangen-Nuremberg. His main areas of expertise and writing include European, German and Comparative Contract, Banking and Company Law, Private Law and Social Theory, Transnational
Law and Governance. His books include treatises on “European Company Law”, “European Contract Law”, “Private Law Theory”, and (several) on banking and capital market law – a good number also in English, all (also) in German. He is (co-)editor of the Staub’scher Großkommentar HGB, with which the idea of commentary had been created in the late 19th Century. His edited books include works in his main areas of study, but on more specific topics, such as for instance the Organizational Contract, Contract Governance, European Contract Law in the Digital Age, European Contract Law and Sustainability (forthcoming) or Decision Theories and the Law, mostly only in English. He is founding president and current president of the Society of European Contract Law (SECOLA) and co-founder and president of the European Law School(Berlin/London/Paris/Rome/Amsterdam/Athens/Lisbon/Madrid), Strategic Partnership under the EU Funding Regimes. He is as well member of the board of the German Society of Comparative Law (heading the section ‘Fundamental Theory’), with membership in the Académie Internationale de Droit Comparé. His most recent large publications include Bankvertragsrecht (de Gruyter, 2 volumes, Staub’scher Großkommentar, 2020/21), New Private Law Theory – a Pluralist Approach (CUP, 2021), Decision Theories and the Law (ed., OUP 2021), European Contract Law and the Creation of Norms (ed., Intersentia, 2021).

Marie-Sophie Schäfer, European Law School, Berlim

Masters at European Law School (Berlin/London/Paris/Rome/Amsterdam/Athenas/Lisbon/Madrid), title of, Jurist Européen. Assistant student at humboldt Law School (2016-2018), then German Bar Exam (Berlin).