European Contract Law – Scots and South African Perspectives represents the continuation of a research project that is examining the existing mixed legal systems in South Africa and Scotland and is attempting to clarify how the traditions of civil law and common law have grown together into a unified private law and to detail the differences the two mixed legal systems exhibit from one another.  This project addresses the claim that the mixed systems of contract law in Scotland and South Africa, as combinations of civil law and common law influences, have in some sense anticipated the content of the Principles of European Contract Law (PECL), published in 2003 by the Commission on European Contract Law as presided over by Ole Lando (Ole Lando, Hugh Beale, Principles of European Contract Law, Parts I + II, 2000; Ole Lando, Erice Clive, André Prüm, Reinhard Zimmermann, Principles of European Contract Law, Part III, 2003).  Given that the PECL appears likely to play a central role in the creation of a European contract law, the experiences in Scotland and South Africa offer the basis for a critical appraisal and evaluation.  At the same time, the project helps to inform Scots and South African jurists as to the substance of international developments and suggests ways in which national laws may continue to be developed and remain in step with the needs of the day.

The results of the study were published in 2006 in the volume “European Contract Law – Scots and South African Perspectives”, edited by Hector MacQueen und Reinhard Zimmermann and published by the Edinburgh University Press.

The work contains the following articles:

Ius Commune and the Principles of European Contract Law: Contemporary Renewal of an Old Idea: Reinhard Zimmermann, Hamburg
Good Faith: Hector L. MacQueen, Edinburgh
Offer, Acceptance, and the Moment of Contract Formation: Geo Quinot, Stellenbosch
The Battle of Forms: Angelo D. M. Forte, Aberdeen
Agency: Laura Macgregor, Edinburgh
Threats and Excessive Benefits or Unfair Advantage: Jacques du Plessis, Stellenbosch
Interpretation: Eric Clive, Edinburgh
Third-Party Contracts: Philip Sutherland, Stellenbosch
Payment: Charl Hugo, Stellenbosch
Specific Performance and Special Damages: Sieg Eiselen
Termination for Breach of Contract: Tjakie Naudé, Stellenbosch
Assignment: Gerhard Lubbe, Stellenbosch
Capitalisation of Interest: Max Loubser, Stellenbosch