Harmonizing Contract Law without a Common Terminology - Comparative Law Perspectives

The chapter examines the various forces at play in the harmonization of European contract law. After briefly recalling the efforts of the EU institutions to harmonize contract terminology, the chapter examines the different choices made by national legislators in relation to EU law-derived contract law, mainly consumer law. It examines the choice made by the German legislator, which attempted to bring all consumer law under the umbrella of the Civil Code, comparing it with other civil law systems, in particular the French, Italian, and Spanish ones, where different choices were made. Finally, particular attention is paid to the UK. The chapter also focuses on the attitude of national interpreters to European directives and their terminology. It further looks to the criteria developed by the CJEU in interpreting multilingual legislation and the attitudes of national judges to them, and the different perspectives of legal scholars working in different jurisdictions. It further deals with the attitude of national judges to multilingual interpretation in the implementation of EU law, which may depend on several variables. Finally, the chapter focuses on the role of the English language in developing common terminology for harmonized EU contract law, a role which may change after Brexit.