Field Of Contract Law Research Articles

CHOICE OF LAW IN CODESHARE FLIGHT AGREEMENT

Purpose: The purpose of this study were to to analyze legal issues regarding the practice of codeshare agreements and what law applies when a dispute or claim for compensation occurs. Methods: The approach used in this research are statute approach, historical approach, and conceptual approach. Result and conslusion: The results of this study are that in dealing with claims for compensation submitted by passengers, the concept of choice of law cannot be deviated according to international civil law because codeshare agreements are included in the field of contract law, but depend on the law that has been determined by the airline company. Research implications: This study provides explanation about the theory of liability that can be imposed on airline companies such as liability based on fault, presumption of liability and liability without fault. Originality/value: This study provides valuable insights about several efforts that can be made if there is a dispute or claim for compensation because of the practice of codeshare agreements.

Alternative ways of resolving disputes in the field of contract law

In today's world, the speed and efficiency of resolving disputes in the field of contract law are of great importance for businesses and individual participants. Traditional litigation is often notorious for its length and high costs. In this regard, alternative methods, such as mediation and arbitration, are gaining more and more popularity. Their advantages, such as speed, confidentiality, and greater party autonomy, make them attractive for the resolution of contractual disputes. The article explores alternative dispute resolution methods in the field of contract law, including mediation, arbitration, and confidential settlement. The purpose of the study is to analyze alternative ways of resolving disputes in the field of contract law. Research methodology includes such methods as empirical method, comparative analysis method, forecasting method, and logical methods. As a result of the study, alternative ways of resolving disputes in the field of contract law and the advantages of each method compared to traditional court proceedings are considered and also provide examples of successful application in practice. The results of the study show that alternative dispute resolution methods in the field of contract law, such as mediation, arbitration, and confidential settlement, have some significant advantages compared to traditional litigation. In addition, current trends in the use of these alternative methods in modern contract law are investigated. The study also indicates that the success of these alternative dispute resolution methods in the field of contract law depends on mutual trust between the parties, who are ready to work together to achieve a mutually beneficial resolution of the conflict.

Efektivitas Keabsahan Kontrak Elektronik Berdasarkan Hukum Positif di Indonesia

The development of the current era is very rapid along with technology. In the field of contract law, there is a term of electronic contract. The purpose of this research is the effectiveness of the implementation of legality and optimization of electronic contract arrangements based on positive law provisions. The research method used in this study includes normative juridical legal research. Also used statute approach method and conceptual approach. This study uses secondary data which consists of legal materials used in primary legal materials in the form of applicable laws and regulations, secondary legal materials, and tertiary legal materials. This study uses a descriptive qualitative analysis technique. The legal basis governing electronic contracts in Indonesia is the Electronic Information and Transaction Law, Government Regulation Number 24 of 2018, Government Regulation Number 71 of 2019, and Government Regulation Number 80 of 2019. The implementation of electronic contract has not yet been implemented to achieve legal objective for the parties and the application of the validity of electronic contracts is still lacking on several sides.

Zaključenje ugovora i pravna sigurnost - primena međunarodnih standarda u srpskom ugovornom pravu

The paper addresses the rules governing the conclusion of contract from the aspect of the prevailing international standards in this area and their comparison with the appropriate solutions of the Serbian Law of Obligations. The international standards in the field of conclusion of contracts have been analysed primarily in the light of the relevant rules of the CISG, as one of the most widely accepted international conventions in the field of contract law, while also giving due consideration to the solutions of other important international documents and projects of uniform contract law, such as UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law and the Draft Common Frame of Reference for European Private Law. Among the plethora of issues relevant to the conclusion of the contract, the paper places the focus on those which seem most important from the perspective of their comparative analysis with the solutions of the Serbian Law of Obligations: negotiations, offer (contents of the offer, to whom the offer is addressed, revocability of the offer), acceptance of the offer (contents of the statement indicating acceptance of the offer) and the time of conclusion of the contract. Each of these issues has been separately analysed and evaluated in an endeavour to identify those solutions that contribute to achieving a higher degree of legal certainty in the relations arising from the contract conclusion, without standing in the way of party autonomy in this area.

Conclusion and performance of commercial contracts with the use of information technologies

The article attempts to evaluate the possibilities of using blockchain and smart contract technologies, as well as big data and artificial intelligence technologies in traditional commercial contracts. In addition, the author illustrates the legal risks of using information technologies and the limits of their implementation in the field of contract law. The goal chosen by the author predetermined the use of the formal legal method in the analysis of the current legal norms. At the same time, it is impossible to imagine the search for answers to the questions without referring to the comparative legal method: in the article, the author refers to the views of English and American scholars when considering the problems of using artificial intelligence technology in commercial contracts.As a result of the research, the author comes to the conclusion that firstly smart contracts designed for automatic transactions on the Internet do not allow moving real goods in the real world, therefore the scope of their use is only limited to the conclusion, but not to the execution of contracts of sale. Secondly, a smart contract can completely supplant traditional contracts and obligations in mediation contracts aimed at performing only legal actions. Thirdly, there is a problem of ensuring the right to privacy when using big data, therefore, the commercial use of the collected data, though does improve sales, violates basic human rights. And finally, the mastered capabilities for automating the processes of selecting counterparties, determining and changing storage conditions, tracking the balance of goods in the warehouse, etc., allow author to discuss the potentially great possibilities of using AI in commerce.

Справедливость договора: основные начала

Introduction. Despite the fact that the problems of justice are actively studied by political theorists, their attention is usually focused only on the most politicized issues. As a result, the sphere of private law relations is not worthy of their attention. Meanwhile, to the extent that justice can be defined as the proper state of social relations, the criteria of justice are applicable to all social relations, actions and actions. Purpose. The article attempts to analyze the scope of contractual relations, current legislation and existing doctrines in the field of contract law from the point of view of justice. The necessity of creating a separate research area - the theory of a just contract (the theory of contractual justice) is substantiated. Methodology. It is proposed to base the normative studies in the sphere of contractual relations on the general provisions developed by political theory. Thus, it is proposed to politicize contractual issues in a certain sense, or more precisely, to integrate it into the general discourse of justice. Results. The key importance of the concepts of will, interest and good faith for determining the justice of contractual relations is emphasized. A differentiated approach to determining the legal capacity of the subjects of contractual relations is substantiated. Moral justifications for invalidation of transactions, modification and termination of transactions, as well as for compulsory contracts and restrictions on freedom of contract are considered. The position is defended, according to which the legal norms governing these public relations, as a general rule, should take into account both the consent of the parties to the contract and their good faith (awareness and absence of abuse), and, among other things, the mutually beneficial nature of the contract. Exceptions to this rule require proper justification. Conclusion. The author of the article philosophically comprehends the main provisions of the current legislation, and thereby outlines the contours of the theory of contractual justice.

Principles of Asian Contract Law at the Crossroads of Standardization and Legal Pluralism

AbstractThe Principles of Asian Contract Law (PACL) are the most recent addition to the series of uniform laws regarding transnational commercial contracts. This time, the harmonization initiative must address the problem of a great variety of legal traditions, all of which are quite difficult to reconcile. The author focuses on the object and objectives of the PACL by reconsidering the notion of “Asian law” and the alleged cultural neutrality of contract law as a legal discipline. The paper argues that the PACL project lacks clarity. Its ambitious objectives, while apparently intelligible, fail to produce the desired results in their entirety: the Asian regional harmonization of contract law turns out to resemble its occidental forerunners. The study goes beyond the traditional comparative law. It explores the model law (in the making) in a broader context of legal policy, parallel regional private-law-making efforts in the field of contract law as well as in the context of legal globalization.

Contract Law & Racial Inequality: A Primer

America was founded on institutionally recognized and supported racial oppression, namely, slavery and conquest. The fact that the inequality spawned by this oppression continues to exist today should therefore surprise absolutely no one. That said, the extent of the racialized social and economic inequality that pervades American society today is being exposed in horrifying and glaring detail, as a result of the Covid-19 pandemic. But the devastation is not being felt equally--people of color are dying at greater rates and suffering the economic consequences of the pandemic much more than white people. And, of course, Wall Street and American billionaires are doing really well. The Haves come out ahead. We’ve all seen and heard this before. But two important details are obscured and therefore overlooked in this widely accepted observation, namely, the role that contracts and contract law play in facilitating this reality and the profound and often devastating social consequences that contracts and contract law help produce in this process. This Essay attempts to redress this oversight. The Essay first provides a brief step by step analysis of contract law in action, the practical effect of which is to ensure that contracting parties who start with more end up with more. The first part thus shows how contracts and contract law help to create and perpetuate inequality in American society. The Essay then explains why contracts and contract law’s role in producing economic and social inequality is largely ignored. The short answer is because, depending on who the adversely affected contracting party is, a contract is usually understood as a private transaction between private parties asserting their private rights. To understand how you get everyone to buy into the fiction that contracts are usually private is to understand ideology and how it is reproduced in the field of contract law. Perhaps counterintuitively, the Essay traces part of contract law’s evolution story to Emancipation of the slaves and the Reconstruction that followed it. The final part of the Essay briefly revisits the housing market crash that precipitated the Great Recession of 2007-2009 to illustrate the devastating consequences that contracts and contract law help produce and the skewed response to those consequences that are engendered, at least in part, because we cling to the fiction that contracts and contract law have nothing to do with inequality. Unless we do something differently, like acknowledging that the day-to-day practice of contracts and contract law help create and perpetuate inequality in American society, then it seems very likely that the Haves will continue to come out ahead. But the Have Nots will end up being evicted from their homes and remain on the hook to their landlords for the back-rent.

Mechanism of Business Contract Drafting in Supporting Economic Activities

The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.

Characteristics of modern European contract law

European contract law has recently entered a new phase in its development as a result of the introduction of new legislation responding to the challenges posed by digitalization and, in particular, the supply of digital content and digital services. Whereas the new legislation contains several characteristics which reflect a continuity of concepts already well-established in European contract law, several innovations have been necessary in order to take account of the specific features of these digital products and the manner in which they are supplied. The legislative responses will play a pivotal role not only in consumer protection but for European contract law. This article will focus in particular on two new “twin” directives: Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services and Directive 2019/771 on certain aspects concerning contracts for the sale of goods. In examining the core features of these two Directives, this article will consider how their new and innovative characteristics which respond to the challenges of digitalization can contribute towards a modern European contract law. These new approaches in European legislation clearly show that the further development of contract law is facing challenges that go beyond this area of law. The modernization of contract law therefore raises questions that must ultimately be directed at clarifying the overarching features of European private law as a whole. Finally, the relationship between the law of obligations, on the one hand, and property law or intellectual property law, on the other, and possibly a new definition of the boundaries and interaction between these areas, can be considered if contract law recognizes data as an asset, but it will not be able to guarantee sufficient protection of these assets with its instruments alone. Embedding the new concepts, principles and rules in the field of contract law in the development of private law as a whole, in line with the changes in the “digital age”, will therefore remain a major task for legislation and legal doctrine in the EU and beyond.

The Act deals with the payment in installments (Abzahlungsgesetz) 1894 as an example of socially-oriented laws in Germany in the field of Contract Law in the late ХIХ century

The Act deals with the payment in installments (Abzahlungsgesetz) 1894 as an example of socially-oriented laws in Germany in the field of Contract Law in the late ХIХ century

Arbitration agreement and intercompany disputes

The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of „exclusive jurisdiction of commercial courts“ for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.

The Principles of Latin American Contract Law: text, translation, and introduction

This article provides an introduction to the most recent soft law instrument in the field of contract law, the Principles of Latin American Contract Law (PLACL). The article briefly analyses the nature, drafting history, purposes, and structure of the PLACL. More importantly, in order to promote the study of the PLACL beyond Latin America an English translation of their final text is provided.

Arbitražni ugovor i interkompanijskopravni sporovi

The affirmation of resolution through arbitration of commercial disputes in the field of contract law, both at national levels (as an undisputable trend of varying degrees) as well as at the international level, has raised the issue of the possibility of resolving intercompany disputes in this manner, in order to extend the freedom of will of investors from the domain of establishing companies to include the domain of the freedom of choice of a forum for resolving possible disputes arising from numerous legal relations of this kind. However, unlike contracts, with the primacy of free will compared to limitations (the relation of rules and exceptions), the sphere of intercompany relations, although basically contractual by its origin, has, in its functioning, an emphasized need to resolve the conflict of contract and company law in order to make the arbitrability of these disputes realistically possible, while on the other hand, compared to the contract law, the sphere of company law is always more in the focus of attention of national public orders, as a universal institute (regardless of its scope), which represents an obstacle to arbitrability of these disputes. In this paper, the author first analyses the legal nature of the constituent acts of companies (the founding act and statute of a joint stock company) in the context of an arbitration agreement, on which the arbitrability of intercompany disputes can solely be based, finding that their contractual nature is a serious obstacle to mandatory arbitrations of these disputes (if these acts with this clause are adopted by majority of votes), and that the theory of adhesion contracts could be a solution to encourage arbitrability, but only for closed type of companies, while this would not be possible in the case of a public joint stock company, especially in the case of non-professional shareholders because of the need to additionally protect them through consumer law. The author continues by analysing the notion of intercompany disputes and systems of possible objective arbitrability (ratione materiae) of these disputes, finding that the Serbian arbitration law and company law, especially with regard to the possible restrictive concept of 'exclusive jurisdiction of commercial courts' for these disputes, has at least serious reasons for changes in favour of strengthening their arbitrability, with certain necessary individual exclusions in case of the dominance of public order interest. Finally, the author also analyses certain aspects of multiparty nature of the intercompany disputes, especially regarding public joint stock companies, as possible procedural obstacles to their resolution through arbitration, even in cases of their possibly undisputable objective arbitrability.

REFLECTIONS ON THE ROLE OF ROMAN LAW AND COMPARATIVE LAW IN THE PROCESS OF HARMONIZATION AND UNIFICATION OF PRIVATE (CIVIL) LAW IN EUROPE - DOI: 10.12818/P.0304-2340.2015v67p279

The private (civil) law of European countries is closely connected to Roman law which is in no contradiction that these countries have different historical and legal traditions. This is more obvious in the period of decrease or even disappearance of differences, often motivated by political and economic interests, between certain “legal fields” or “legal families.” Not even differing traditions of culture and civilization constitute hindrances to the differing extent of the reception of Roman law. In the formation of European private law, convergence plays an increasing role. Many noted authors write about the relativization of differences between common law and civil law based on Roman law. They emphasize the disappearance of differences in the sphere of many legal institutions. In the field of contract law, many institutions, constructions of continental law are subject to reception in English law. It deserves attention that with regard to terminology, certain English authors, in connection with English private law, explicitly refer to the role of Roman law tradition. In his article the author comes to the conclusion that Roman law i.e. Roman law tradition(s) in the comprehensive, comparative analysis in the lengthy process of the formation of European private law (ius commune Europaeum) has a significant role.

Contract Law: A Comparative Introduction, Chapter 1

Over the last two hundred years or so, contract law has been mainly national in contents and outlook. This is reflected in the abundance of textbooks on the contract law of national jurisdictions. These textbooks introduce students to the national contract law of their own country in their own language. Next to these traditional books, there is an increasing number of texts available that offer a comparative, European or even global perspective on the law of contract – invariably designed to cater for the needs of students who are already familiar with the fundamentals of contract law. The book of which one chapter is presented here seeks to combine the two: it introduces students to the field of contract law by way of a comparative approach. It assumes that contract law is an international discipline that can be taught on basis of common principles and methods, just like economics, psychology or any other field of academic study. There are two reasons why this approach is adopted.First, substantive law is no longer the exclusive product of the nation-state and introductory textbooks should reflect this. In particular in the context of the European Union, law is shaped as much by the national legislators and courts of the 28 member states as it is by the European legislature and the Court of Justice of the European Union. At a global scale, the role of private regulation and of the CISG is increasing, as is the potential for choice of the legal regime applicable to the contract. All this reduces the self-evidence of teaching contract law on basis of the intricacies of one national law alone. Most of today’s law students will spend their professional life in a world in which knowledge of only one jurisdiction is not enough.Second, learning the law is as much about learning a method as it is about mastering the substantive law. It arguably is more important to learn to ‘think like a lawyer’ than it is to know about the details of a court case or a statute that is likely to change anyway. In a similar way as economists do not focus on the study of one particular economy but adopt a method of analysis (‘the economic approach’), law is ideally not regarded as a subject but as a method. In this view, students no longer study German, English or Polish contract law, but simply ‘contract law’ by applying the legal approach towards the questions they are confronted with. This does not mean that the details of, or differences between, various legal systems are not discussed. To the contrary: it is exactly by looking at these similarities and differences among jurisdictions that one learns that much of the law is about exploring and contrasting the implications of conflicting views of what is right. It is this approach of focusing on arguments and policies that is at the core of the book this sample chapter is taken from. National laws are presented as variations on common themes and as alternative ways of dealing with some common problem. This text thus caters to the needs of the international classroom.

Implementation of international standards in Serbian contract law: An overview of solutions offered by the future civil code of Serbia

The paper presents a brief analysis of the most important issues related to the implementation of international standards in Serbian contract law. In that respect, the paper examines main transnational documents relevant for contract law - international conventions and other sources of uniform contract law, the UN Convention on Contracts for the International Sale of Goods (CISG), the sphere of its application, the main differences between the CISG and the Serbian Law of Obligations, the application of the CISG by Serbian courts and arbitrations and the advantages of its application in business practice. Furthermore, it provides readers with an overview of the future Civil Code of Serbia, its central principles, solutions and reforms in the field of contract law, particularly with regard to the acceptance of international standards and principles. The analysis has lead the authors to the conclusion that the future codification in the form of Civil Code is a continuation of the process of full harmonization of Serbian contract law with the internationally accepted standards and achievements of European legal civilization, which can strongly contribute to the overall improvement of business environment in Serbia.

Are Franchisees Well-Informed? Revisiting the Debate over Franchise Relationship Laws

Abstract The most vital debate in the field of contract law over the last few decades has focused on the following issue: Whether the law should protect franchisees against franchisor opportunism. Franchisor advocates suggest that franchisee protection commonly known as franchise relationship laws, are undesirable. Their opposition to such laws is based primarily on an assumption that franchisees consider all relevant information before signing a contract and make a well-informed choice among the range of alternatives available. In particular, prior to signing the contract, franchisees are assumed to have read the disclosure documents made available to them, compare the various contracts and disclosure documents offered by different franchisors, and consult with a specialized attorney regarding the terms of the contract. Since franchisees consider all of the relevant information and make a well-informed decision, they do not deserve, according to franchisor advocates, any special legislative protection that would interfere with the franchisor-franchisee free-market relationship. Based on a significant body of existing empirical research, which has thus far been overlooked in the debate over relationship this article will argue that the assumption that franchisees consider all relevant information before signing a contract and make a well-informed choice is questionable. Briefly summarized, the argument presented in this article is as follows: New franchisees that join a network normally lack prior business ownership experience. This lack of experience presents significant cognitive obstacles for novice franchisees when attempting to consider all of the relevant information before acquiring ownership of a unit. Such cognitive obstacles-contrary to the franchisor advocates' view--often lead franchisees to ignore disclosure documents, avoid conducting a comparison between various contracts and disclosure documents, and neglect to consult with a specialized attorney prior to signing the contract. Given this reality, theoreticians and legislators interested in creating laws that protect novice franchisees from possible opportunism by franchisors must cast doubt on the assumption that franchisees are well-informed business people and incorporate into their analyses a more representative conception of franchisee characteristics. I. INTRODUCTION II. FRANCHISE RELATIONSHIP LAWS--OVERVIEW III. THE FRANCHISOR ADVOCATES' VIEW IV. THE CRITIQUE A. New Franchisees Lack Prior Business Ownership Experience 1. Explanation 2. Empirical Evidence B. Inexperienced Franchisees Ignore Relevant Information 1. Explanation 2. Empirical Evidence V. CONCLUSION I. INTRODUCTION The most vital debate in the field of contract law over the last few decades has focused on the issue of whether the law should protect franchisees against franchisor opportunism. (1) Franchisor advocates claim that franchisee protection commonly known as franchise relationship laws, are undesirable. (2) Their opposition to such laws is based mainly on an assumption that franchisees consider all relevant information before signing a contract and make a well-informed choice among the range of alternatives available. (3) In particular, according to this analysis, prior to signing the contract, franchisees read the disclosure documents made available to them before signing the contract, compare the various contracts and disclosure documents offered by different franchisors, and consult with a specialized attorney regarding the terms of the contract. (4) According to franchisor advocates, since franchisees consider all of the relevant information and make well-informed decisions, they do not require any special legislative protection that would interfere with the franchisor-franchisee free market relationship. …

Editorial Comments: Union competences in the field of contract law: Some questions – no answers

Editorial Comments: Union competences in the field of contract law: Some questions – no answers

To What Extent Can the Notion of ‘Reasonableness’ Help to Harmonize European Contract Law? Problems and Prospects from a Civil Law Perspective

Abstracts: The notion of ‘reasonableness’ is familiar to Common Law lawyers, whereas it is almost unknown to most ‘continental’ civil codes (e.g., the German, French and Italian Civil Codes). In the last decades the situation has, however, considerably changed and also within the continental context. References to ‘reasonableness’ in legal provisions have continuously increased due to many factors: among others, the influence of important international conventions dealing with commercial contracts (e.g., Convention on the International Sale of Goods (CISG)) and the implementation of EU Directives in the field of contract law, where ‘reasonableness’ is constantly present. The same phenomenon can be observed to a greater extent in most academic projects aiming at harmonizing European contract law: Principles of European Contract Law (PECL), Code Européen des Contrats, Principles of European Law (PEL), Acquis Principles, Draft Common Frame of Reference (DCFR), and so forth. It is not only a matter of ‘globalization’ of the law. The attractiveness of ‘reasonableness’ also depends on its specific features of extreme flexibility and proximity to concrete circumstances compared with the abstract and rigid features of other well-known principles and concepts familiar to Civil law (like ‘good faith’, ‘diligence’, ‘equity’). Nevertheless, the introduction of this new notion raises controversial issues: first, there is the risk of unfaithfully assimilating the foreign legal pattern (examples taken from EU Directives demonstrate this very well); secondly, some doubts may be raised as to whether such an ungraspable notion may really serve the aim of harmonization; finally, one may wonder whether it is wise to sacrifice traditional concepts like ‘good faith’, ‘diligence’, or ‘equity’ on the altar of simplification, thus renouncing conceptual precision and legal certainty.