Catherine Valcke (U Toronto Law) has posted her European Review of Private Law article 'Convergence and Divergence between the English, French, and German Conceptions of Contract' on SSRN (University of Toronto Legal Studies Research Paper, No. 08/14). This is the abstract:
This piece aims to highlight the different internal and external perspectives on the English, French, and German law of contractual mistake. While the solutions devised by these three systems in response to mistake issues are functionally equivalent, it is possible to reconstruct the different means internally deployed by each system to reach these solutions into (different) coherent forms of argumentation. Depending on whether one takes an internal or an external perspective, therefore, one could conclude that the three systems are simultaneously converging and diverging.
This piece aims to highlight the different internal and external perspectives on the English, French, and German law of contractual mistake. While the solutions devised by these three systems in response to mistake issues are functionally equivalent, it is possible to reconstruct the different means internally deployed by each system to reach these solutions into (different) coherent forms of argumentation. Depending on whether one takes an internal or an external perspective, therefore, one could conclude that the three systems are simultaneously converging and diverging.
This is an innovative contribution to the often exceedingly mono-dimensional convergence/divergence debate in European private law. Valcke again - see also her article 'Comparative Law as Comparative Jurisprudence' in 52 Am J Comp L 713 (2004) - demonstrates the importance of integrating multiple perspectives and objects of comparison when engaging in comparative research. Recommended.
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