Response of the Fondation pour le droit continental to the consultation launched by the European Commission. 

By Professor Michel Grimaldi, Chairman of the Scientific Council of the Foundation

The Fondation pour le droit continental wanted its "response" to express the diversity of civil law, and thus its wealth, in Europe and outside of Europe.

Its response has two parts:

Part One: French response

Part Two: Colombian, Italian, Louisiana and Quebecois responses.

 The first part reflects the difficulty in developing European Law, which, according to the continental tradition, is a written law, legislated and even codified, but is also "well-written" law, that is to say clear and accessible and also respectful of national traditions, to the fullest extent consistent with an undertaking to harmonize them. The difficulty - why deny it - is tremendous. Only a strong political will - which has always driven the great legislators, and even more so the codifiers - can overcome it. Without the will of a Europe that is united, not only on the defense of the Euro, but also on that of social justice, the undertaking to harmonize European law risks enduring stagnation.

The second part reflects that the undertaking to harmonize European Law is perceived differently, not only within Europe but also beyond. We note with interest the differing views that come to us from Quebec and Louisiana on what would be the best instrument to develop European contract law. However, there is complete agreement between these two civil law "countries" surrounded by a universe of common law in rebutting any analogy with the experience of the Uniform Commercial Code of the United States. This rebuttal is well worth pondering...

Complete response of the Fondation pour le droit continental