The transmittance of passive side of the obligational report in the vision of projects of unification of law at a european level, compared with the internal normative dispositions

• Author: Diana Deaconu-Dascalu
• Position: Titu Maiorescu University
• Pages: 10-20

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

ISSN 1843-570X, E-ISSN 2067-7677

No. 3 (2015), pp. 10-19

olfi.

THE TRANSMITTANCE OF PASSIVE SIDE OF THE OBLIGATIONAL REPORT

IN THE VISION OF PROJECTS OF UNIFICATION OF LAW AT A EUROPEAN

LEVEL, COMPARED WITH THE INTERNAL NORMATIVE DISPOSITIONS.

D. Deaconu-Dasclu

Diana Deaconu-Dasclu1

Titu Maiorescu University

Faculty of Law and Economical Sciences, Tg. Jiu, Ecaterina Teodoroiu Street, no. 100,

Romania

E- mail: http://www.accademiagiusprivatistieuropei.it/, diana.dascalu@gmail.com

Abstract:

National civil law is reshaping its existence within the process of standardization of law at a

European level, process that has begun at the end of the XX century and is in a permanent

“maturation”, having an obvious tendency towards adopting a unique legislation, proposing

legal principles applicable to all member states. This study is about the main projects of

Europeanization of law regarding the transmittance of debt, by comparing that with the

internal normative dispositions.

Keywords: cession of debt, debtor, creditor, European Civil Code, uniformization

Introduction

Nowadays, although there is no such thing as a European Code within civil matters,

compulsory for the member states, there are a series of projects that relate, as a result of

research of scientific researches, academics and jurists of the member states of the European

Union, existing thus a special concern towards the provisioning of the contractual laws.

Such projects, which mark the tendency of unification of the private law are: The

Principles of the European Contract Law, presented by the Lando Commission, the Draft of

European Code of Contracts (The Gandolfi Code, or the Padua Project), edited by the

Academy of European Private Lawyers of Padua, the Project of the Common Reference

Frame, proposed by the Study Group for a European Civil Code, the Commune and

Contractual Terminology and the Commune Contractual Principles, elaborated by the Society

of Compared Legislature and the Henri Capitant Association, the UNIDROIT Principles.

1. European Contract Code

The first project of European provisioning analyzed is the European Contract Code

Project1, known under the name of The Padua Project or the Gandolfi Code, from the

name of its coordinator Giuseppe Gand

This project proposes a systemic approach, analyzing all three variants of assignment:

the assignment of rights, the assignment of debt and the assignment of contract.

1 http://www.accademiagiusprivatistieuropei.it/

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