Scope and terms of comparison

Scope of comparison: the law of obligations

The topic of the present chapter, ‘Unification of the European law of obligations and codification of Catalan civil law’, has been chosen for several reasons. Firstly, there is the prospect of a future Catalan patrimonial law code, in relation to which the legislative competence of the Catalan Parliament (Generalitat de Catalunya) as regards obligations and contracts will still – presumably – arouse controversy. Secondly, there is the growing importance within Community law of regulations devoted specifically to this matter. And finally, there is the conviction that, in the exercise of its legislative competence, the Generalitat must not only adapt to social reality and adjust to the 1978 constitution, but also embrace the principles that underpin a Community legal system which, little by little, is consolidating progressively.

Terms of comparison

The expressions ‘European law’ and ‘Catalan civil law’ lend themselves to various interpretations, and the first thing is to clarify, right at the outset, their significance.

The expression ‘European law’ is confined to Community law created by and at the instance of the bodies and institutions of the European Union. In the first instance, this means Community directives; but reference will also be made to the Principles of European Contract Law (PECL), drawn up by the Lando Commission, under the patronage of the Commission of the European Community, and endorsed by both resolutions of the European Parliament.