IDEAS home Printed from
   My bibliography  Save this article

The Main Directives of the Process of Unification Commercial Contracts Law in Europe – The Path for Serbian National Private Law Legislation


  • Tamara Milenkovic-Kerkovic


International character of economic relations is in discrepancy with the limitation of their national legislation. During the whole last century and especially since World War II enormous grow of international trade created inevitable need for attempts of harmonization and even unification of commercial contract law. The unknown law of the different countries and contradictions and discrepancies among the legal families of common and civil law were the big risk which increased enormously transactional costs of the business arrangements in the trade between nations, especially in the trade among European countries. Existed varieties of contract law in European countries become a special type of non-tariff barrier which opposed to the free flow of goods, services, persons and capital and at the end decreased wealth. Legal scholars, practitioners and lawyers in Europe realized the need for harmonizing contract law in a way to create and adopt uniform rules for commercial activities, in one word to Europeanize the law of commercial contracts and create uniform legal environments. The problem of appropriate method of the unification divides many academics between idea of codification method in the way of legislation or by so called “creeping” method which uses common customs and practices in order to create unified system of generally accepted principles of commercial contracts law (lex mercatoria). In spite the first stages of unification was realized by way of directives, such as the law of consumer contracts, later on creation of the body of European competition law, emanation of the idea of Europeanized contract law took another direction emanating itself through the legal instrument of the so called “soft law” such as Principles of European Contract Law (PECL) created by the Commission of European Contract Law (so called Lando Commission). The Lando Principles which in their 17 Chapters content the common core of the all national legal systems of European countries are nowadays regarded as the nucleus of a European Civil Code. In Serbian attempts to join the EU it is the process of Europeanizing its commercial contract law which creating a challenge which obstacles should be overcome thankfully to the healthy roots of Serbian Law of Obligations-de lege lata which is the best part of Serbian positive private law founded on European legal tradition.

Suggested Citation

  • Tamara Milenkovic-Kerkovic, 2010. "The Main Directives of the Process of Unification Commercial Contracts Law in Europe – The Path for Serbian National Private Law Legislation," European Research Studies Journal, European Research Studies Journal, vol. 0(2), pages 161-170.
  • Handle: RePEc:ers:journl:v:xiii:y:2010:i:2:p:161-170

    Download full text from publisher

    File URL:
    Download Restriction: no

    References listed on IDEAS

    1. Ioan Franc, Valeriu & Istoc, Elena Manuela, 2007. "Cultural Tourism And Sustainable Development," Journal for Economic Forecasting, Institute for Economic Forecasting, vol. 4(1), pages 89-96, March.
    Full references (including those not matched with items on IDEAS)

    More about this item


    Principles of Contract Law; lex mercatoria; unification of contract law; Europeanization; PECL;

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law


    Access and download statistics


    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:ers:journl:v:xiii:y:2010:i:2:p:161-170. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Marios Agiomavritis). General contact details of provider: .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.