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Under Directive 86/653/EEC on the co-ordination of the laws of European Union Member States relating to self-employed commercial agents, commercial agents have an obligation to act 'dutifully and in good faith' (the Obligation). This article considers the impact that this general good faith clause has had upon the UK legal order. It first analyses the Obligation, assessing its scope, function and content. It then reviews the choices made by the UK legislature in implementing this duty and scrutinises the manner in which it has been construed and applied by UK courts, as well as commentators. Finally, it charts the areas of the pre-existing common law agency rules that are affected by this imported notion and appraises the resulting alterations to the positive law. [ABSTRACT FROM AUTHOR]

As part of the joint effort of unifying European Private Law, separate initiatives have been taken concerning individual fields of research and regulations; it is also the case of contract law, more specifically, the insurance contract, subject to an independent initiative of creating a special European regime for all insurance. Conceived as both a tool to determine the orientation of the national legal regime of insurance law of the Member States, and a possible common EU regulation, the "Innsbruck" Group's creation stands firstly as a unique insight on a possible mean of unifying European regulations in a given field, particularized by specific dynamics. Even though it is still considered as a part of the "soft law" that has recently emerged in the European Union, the relevance of an EU common insurance contract law is still subject to analysis by the most advised specialist in this field; but the conclusions of such research are yet to offer a definite answer on the matter at hand, given that solid argument are to be found both for and against the entry into force of such a regime. [ABSTRACT FROM AUTHOR]

The rapid expansion of European contract law in the field of consumer financial services gives rise to the question to what extent it is self-sufficient. A self-sufficient European contract law presupposes the existence of an EU-made and EU-enforced contract-related legal order which is largely distinct and independent from national private legal orders. In order to understand to what extent European contract law for consumer financial services reflects this pattern, the author explores the interaction between this supra-national regulatory legal order and traditional national private legal orders, and the consequences of this interplay for the extent of financial consumer protection. The author concludes that the self-sufficiency of European contract law is a matter of degree rather than an absolute; besides, a high degree of its self-sufficiency is not a must for ensuring a high level of consumer protection in financial services. [ABSTRACT FROM AUTHOR]

The article discusses the limitation of liability for damages in European Contract law. Topics discussed include the damages rules within the system of the common European sales law (CSEL), the rules of European Community private law under the consumer contract law and the emergence of foreseeability in France and England. Other topics include the provision of the CESL dealing with mitigation and apportionment of damages or reduction of the creditor's claim.

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The purpose of this article is to highlight the newly convergences between the Romanian legal system and that of other Member States of the European Union in the field ofgood faith. In the first part of the article, we try to establish the core values of good faith in general and subsequently in the field of contract law, as perceived by the national scholars and researchers. While good faith had merely the role of a general rule which was rather simplistically associated with fairness and morale, in light of the recent developments brought upon by the enactment of the new Civil Code, good faith has become a focal point in several institutions in the field of contract law. The second part of the article aims to identify the origin of the rules set out in the Romanian legislation, by investigating the motifs behind the adhering to the line of thought as set out by the Principles of European Contract Law. In the last part we will illustrate the recent trends and goals of the European Union in the field of contract law and also try to correlate how these actions will translate to the Romanian national legal system in theory and in practice in the years to come. [ABSTRACT FROM AUTHOR]