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Content and Performance

Content and Performance MARCEL FONTAINE When our Unidroit working group was constituted and responsi­ bilities distributed between participants, I thought Professor J. Raj- ski, from Warsaw University, and myself had been entrusted with a relatively easy task. We were supposed to draft the chapter on "per­ formance." For me, a civil lawyer, as well as for Professor Rujski, who was then a "Socialist lawyer," it was a clear and well-defined job. Performance of contracts, for us, includes a series of practical problems, a list of which comes to th e mind immediately. The solu­ tions can differ between countries, but those are technical varia­ tions, about which a task of harmonization should not be too difficult. In comparison to our colleagues who had to prepare the chapters on questions of validity, nonperformance, remedies, and so on, we thought we would not have much trouble "performing" our job. We were wrong. The chapter on performance proved to be one of the most difficult. Our initial draft had to go through three suc­ cessive readings, all of which entailed substantial changes. More re­ cently, the text finally approved by th e working group drew another long set of questions and criticism from the Governing http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

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References (19)

Publisher
Oxford University Press
Copyright
© 1992 by The American Society of Comparative Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/840590
Publisher site
See Article on Publisher Site

Abstract

MARCEL FONTAINE When our Unidroit working group was constituted and responsi­ bilities distributed between participants, I thought Professor J. Raj- ski, from Warsaw University, and myself had been entrusted with a relatively easy task. We were supposed to draft the chapter on "per­ formance." For me, a civil lawyer, as well as for Professor Rujski, who was then a "Socialist lawyer," it was a clear and well-defined job. Performance of contracts, for us, includes a series of practical problems, a list of which comes to th e mind immediately. The solu­ tions can differ between countries, but those are technical varia­ tions, about which a task of harmonization should not be too difficult. In comparison to our colleagues who had to prepare the chapters on questions of validity, nonperformance, remedies, and so on, we thought we would not have much trouble "performing" our job. We were wrong. The chapter on performance proved to be one of the most difficult. Our initial draft had to go through three suc­ cessive readings, all of which entailed substantial changes. More re­ cently, the text finally approved by th e working group drew another long set of questions and criticism from the Governing

Journal

American Journal of Comparative LawOxford University Press

Published: Jul 1, 1992

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