The German Act to Modernize the Law of Obligations as a Model for the Europeanization of Contract Law? The New Rules Regarding Impossibility of Performance from the Perspective of a Portuguese Lawyer

Nuno Manuel Pinto Oliveira


In this essay, the rules regarding impossibility of performance in German and in Portuguese law are compared. The new German rules on abnormal difficulty and initial impossibility of performance should be considered a model for the Europeanization of contract law. It is argued that the Portuguese Civil Code could and, indeed, should be amended accordingly. The German rule on subjective impossibility, however, raises serious problems, for the equation of subjective impossibility with objective impossibility appears to be out of line with the international developments of contract law.


Cite as: Nuno Manuel Pinto Oliveira, The German Act to Modernize the Law of Obligations as a Model for the Europeanization of Contract Law? The New Rules Regarding Impossibility of Performance from the Perspective of a Portuguese Lawyer, vol 11.4 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (December 2007), <http://www.ejcl.org/114/art114-2.pdf>.

Tell a colleague about this article.




To Article

Word download
download
PDF download
download



EJCL home Archives Search Comments Help EJCL home