Background

In today’s world, the cooperation and harmonization of legislation at an international level or at least on a regional scale have become necessary in certain areas of law such as obligations.

In Europe a “Common Reference Framework” draft was developed under the auspices of the European Commission and led to the PECL (Principles of European Contract Law).

A group of lawyers from Chile, Argentina, Uruguay and Colombia are conducting a study on the drafting of a common law of contracts in South America.

A working group was constituted under the chairmanship of Professor Naoki Kanayama from the Keio University in Japan for the development of the principles of Asian contract law, the “PACL," along the lines of the “PECL.” Studies conducted will focus primarily on contract law, collective procedures, consumer law and will aim at a draft common law in Japan, China and Korea in particular.

In Africa, the Treaty on the Harmonization of Business Law in Africa (OHADA) binds sixteen Francophone and Lusophone African States. It comes in the form of specific laws, called “uniform acts” that constitute a single law for the sectors covered (obligations, transportation, enforcement procedures, etc.).

This harmonization of regional laws on obligations provides a common contractual environment for all companies who see their exchanges facilitated.

The objective

This project aims to strengthen the tradition of continental law at regional operational level, to foster economic relations between the countries concerned and to support the emergence of a model of the modern law of contracts in different parts of the world.

The means

The Fondation pour le droit continental participates in various regional working groups (Europe, South America, South-East Asia and Africa): organization of chairs in continental law, exchange of documentation, provision of experts, etc.

The prospects

The creation of several regional areas governed by a common legal system of continental law will strengthen a common tradition.

The support, lastly, for exchanges between teams will enable work on the global convergence of these regional laws.