Remedies in Contract Law

Paula Giliker – Beate Gsell – Thomas Rüfner (editors)

Every system of contract law provides remedies of which each party can avail themselves when something goes wrong. E.g. one party may have a right to rescind a contract due to the other party’s unwillingness (or inability) to perform. It may also grant one party a claim to damages against the other party.

The project aims to find out to what extent the remedies available under various systems are similar both in their form and in their effects and to what extent they differ. It is part of the larger project “The Common Core of European Private Law”. Like all research groups within the framework of the Common Core project, we will use a factual questionnaire as our principal tool of investigation. The questionnaire contains a number of hypothetical cases. Participants are asked to solve these cases according to their own national law. Thus, we will get an overview of the answers that various national systems have for the most important issues which all systems of contract law must face.

The questionnaire and the answers received from participants will ultimately form the basis for a publication by Cambridge University Press.

If you are interested in participating by preparing a national report based on our questionnaire, please contact one of the editors: