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The Enforceability of Promises in
European Contract Law
Civil law mon law systems are held to enforce promises differ-
ently: civil law, in principle, will enforce any promise, mon
law will enforce only those with ‘consideration’. In that respect,
modern civil law supposedly differs from the Roman law from which it
is descended, where a promise was enforced depending on the type of
contract the parties had made. This volume is concerned with the
extent to which these characterizations are true, and how these and
other differences affect the enforceability of promises. Beginning with
a concise history of these distinctions, the volume then considers how
twelve European legal systems would deal with fifteen concrete situa-
tions. Finally, parative section considers why modern legal
systems enforce certain promises and not others, and what promises
should be enforced. This is the pleted project of The
Common Core of European Private Law launched at the University of
Trento.
james gordley is Shannon Cecil Turner Professor of Jurisprudence
at the University of California at Berkeley.
cambridge studies in international parative law
mon Core of European Private Law Project
For the transnational lawyer the present European situation is equivalent
to that of a pelled to cross legal Europe using a number of
different local maps. To assist lawyers in the journey beyond their own
locality ‘mon Core of European Private Law Project’ was launched
in 1993 at the University of Trento under the auspices of the late Professor
Rudolf B. Schlesinger.
The aim of this collective scholarly enterprise is to unearth what is
mon to the legal systems of European Union member states.
Case studies widely circulated and discussed between lawyers of different
traditions are employed to draw at least the main lines of a reliable map
of the law of Europe.
Books in mon Core of European Private Law Project
General editors
Mauro Bus