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The research of the Study Group on a European Civil Code seeks to advance the process of Europeanisation of private law by drafting a set of common European principles which are relevant for the functioning of the common market. The principles provide national jurisdictions with a grid reference for the future development of the law.
In the context of the harmonisation of European contract law this is a hot topic: The new volume of the Principles of European Law deals with mandate contracts, i.e. contracts whereby an agent concludes a contract with a third party for the benefit of a principal. The Principles of European Law on Mandate Contracts do not only mirror the provisions on these contracts in the Draft Common Frame of Reference (DCFR), but also contain a more comprehensive explanation of these provisions. Moreover, they provide details on the functioning of mandate contracts in the laws of the Member States. Thus, the principles are conducive to advance the process of Europeanisation of private law.
The notion of the mandate contract in DCFR is in some aspects wider in comparison with its notion in BGB, CC, CLO and OR. While these Laws see the mandate contract as a contract where mandator confers to mandatary and mandatary obliges to mandatory to carry out one or more transactions, its notion in DCFR emphasizes also intermediary contracts (contracts for mediation) and the relations based on the act of authority given by one person to the other (representative). It is wider also in prescribing the possibility to conclude this contract for fixed period or/and for indefinite time. On the other side, DCFR see the mandate contract - in principle - ending when the representative (agent) conclude the contract with third party, while mentioned Statutes see it ending when mandatary and third party exchange performances in their relation and when mandatary transfers to the mandator whatever received from third party.
The Nat. Def. Auth. Act for FY 2008 directed the auditor to compare procedures used for awarding noncompetitive defense contracts for new projects pursuant to: (1) congressionally directed spending items or congressional earmarks; and (2) the special interests of senior exec. branch officials. The auditor has concluded that it is not feasible for him to address the mandate. First, he has not found a sound approach for systematically identifying "new projects of special interest to senior exec. branch officials." And, he was unable to apply the definitions of "congressional earmarks" because of data availability and timing issues. This report summarize the approaches that were explored and the reasons they were not feasible.
A Casebook on the Roman Law of Contracts introduces students to the rich and influential body of Roman law concerning contracts between private individuals.