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Contribution to Book
The German Schuldrechtsmodernisierung and the New Dutch Civil Code: A Study in Parallel
SCHULDRECHTSMODERNISIERUNG UND EUROPÄISCHES VERTRAGSRECHT (2008)
  • Jan M Smits
Abstract
Both the Netherlands and Germany have recently introduced important reforms of their law of obligations. In the Netherlands, the new Civil Code of 1992 reformed the existing private law entirely, while Germany revised its law of obligations extensively in 2002. Both reforms were partly driven by similar motives. This contribution offers a comparison between these two reforms by considering five different points: the motives for re-codification in both countries, the unitary concept of breach of a duty, the right to a second chance to perform, prescription of claims for damages in case of personal injury and the way in which European directives are implemented in German and Dutch private law.
Keywords
  • Law of Obligations,
  • Law Reform,
  • BGB,
  • Dutch Civil Code
Disciplines
Publication Date
2008
Editor
Oliver Remien
Publisher
Mohr Siebeck
Citation Information
Jan M Smits. "The German Schuldrechtsmodernisierung and the New Dutch Civil Code: A Study in Parallel" TübingenSCHULDRECHTSMODERNISIERUNG UND EUROPÄISCHES VERTRAGSRECHT (2008) p. 117 - 131
Available at: http://works.bepress.com/jan_smits/19/