European Contract Law: Scots and South African Perspectives

by Hector L. MacQueen (Editor)

This volume tests the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. Going further, it rigorously explores what the implications of a Europe-wide contract law would be. The current official moves towards a European contract law within the European Union make the critiques of PECL in this volume especially urgent and significant. With a European contract law nearer to reality than ever before, mere policy critiques are no longer enough. This book provides the essential technical and substantive assessments of PECL from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions. At the same time, this volume will inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways to develop their still vigorous and vital national laws to remain in step with the needs of the present day.

Hardcover

First published January 1, 2006

About the author

Hector Lewis MacQueen CBE FBA FRSE (born 1956) is a Scottish academic, a senior scholar of Scots law and legal history, and a former member of the Scottish Law Commission. He is Professor of Private Law at the University of Edinburgh and a former Dean of its Faculty of Law. He is author, co-author and editor of a large number books on Scottish law and legal history, including the 11th, 12th, 13th and 14th editions of the standard text Gloag & Henderson Law of Scotland, and is former Literary Director of the Stair Society. He is a member of the International Advisory Group for the JKLH-funded project, The Paradox of Medieval Scotland, 1093 - 1286. In 1995 he became a Fellow of The Royal Society of Edinburgh.

He is the son of the literary scholar Professor John MacQueen.