eSignature Lawfulness for Electrical Services Contract in European Union

How to eSign a document: eSignature lawfulness for Electrical Services Contract in European Union

hello it's Philip Taylor speaking from Richmond green chambers in London and thus morning I'm looking at a book which has come to us from inter send here now this is an important book it's been published in connection with yuko laughs and this is the European contract law and theory volume one publication it's on the rules and principles of European contract law now you probably think why am I reviewing this particular book now in the late summer after a decision in June 2016 to leave the European Union made by the United Kingdom well the reason we are is because whatever happens we're still going to need to know what the principles are because we're still going to be contracting with European colleagues notwithstanding the decision which I did not support of leaving the EU which I think has been a bad decision that having been said the two editors of this work into Center produce high quality academic argument obviously translations come into this but I think they achieve a very good standard for us in this country with the persuasive authorities they put forward with though their views but the two editors Jack had been reaped rootless and Pietro's Serena have produced I think an important work here because what they're trying to do is to give some indication to us as to where we're going with contract law now contract law is a cornerstone of certainly the English legal system and contract law as a as a general picture is something which affects every country throughout the world where they're dictatorships based on various forms of ideology or just complete complete autocratic regimes or in fact capitalist democracies the fact is that contracts are entered into all the time by everybody and you're going to have laws principles now clearly we've had principles we have rules within the European Union and the important point is to see where the United Kingdom will be in the future concerning its relationship with what we know is the european court of justice or the court of justice of the european union depending on what you want to call it now let's just have a look at the book first of all here is the book it's an orange colors the front there is the spine it's not a big book it's a paper bag you can see the back there is the collaboration team there in center logo and then the e eco laughs I imagine that's how they pronounce it there's their logo then then there's of course the the actual website you can see the very basic detail that's in it now at the back what you don't have with the book like this is you don't actually have any form of index it runs 260 pages there's no index at the back and bear in mind that is being translated so there will be some some differences in in the way in which the workflows in terms of its English there's the front page now there is the series concerning European contract law and theory on the side there you can see the number of people who are involved in the editorial board then you've got a lot of information contacts from both in this country in America and Belgium then you've after that you've got the content section itself there is no preface as such there's the rest of the content section it runs to it's not actually number but you've got one two three four five you about nine or ten chapters plus an introduction and it looks very much of the way in which the whole principle of European contract law is going those are the tables of cases and then they're from the various courts you can see Germany's row and so on and a couple for written then you've got the list of the office a lot of people collaborative work then you've got the introduction by the two main editors and they quote under your quote here the general principles of community law have constitutional status while the principal proposed by audio Lux is characterized by a degree of detail require legislation to be drafted and enacted at community level by a measure of secondary community law therefore the principal proposed by all your Luck's cannot be regarded as an independent general principle of community or and that's actually from the case itself and you've therefore got these words are part of the ruling of the European Court of Justice in the audio Lux case the question at stake was whether a minority share or isn't in a company on the Luxembourg law could rely on the general principle of equal treatment in EU law to secure its position now you can see one of the reasons why Britain has taken the decision to leave the EU is because they haven't been very happy but from the general dissatisfaction and not being happy about the way in which we wanted to standardize certain things one area which we have been looking at because obviously it does affect trade is the whole area of contract war so let me just develop that theme a little bit because in its case law the European Court of Justice of the European Union and they are features the main list of cases in this publication they have acknowledged general principles of in existence of EU law which have a constitutional status now this is where the problem has obviously arisen with united kingdom because in addition the court of justice has also recognized general principles of civil more relying upon values which are traditionally rooted in the domain of private law now I want to say one thing about that and that is that with the decision to leave the European Union one of the things that I believe the government departments in the UK will be tarsal with is to try to save those areas of law coming from the directives and coming from the European Union and the old common market the old oldc they're going to try and save those parts of the law that we currently have as it laws in force because they were being beneficial to this country now that is going to be a very very substantial task for many lawyers but I do think that that is what is going to happen so this work will be of some help I think to those people as they deliberate the pervasive use of principles both in the case law of the European Court of Justice and in other European Union projects of soft and hard law is actually a problem because it challenges legal scholarship and although the concepts of principles and rules have been widely discussed within the context of national legal orders in other words each member states orders they need to be rethought at the European level and that's clearly something that is going to happen because the reverberations from the decision in the UK referendum to leave Europe again I effective a large number of people obviously the traditional view of a principle does not fit the European Union's constitutional architecture it can be a problem in future I don't know where we're going to go with that because we were moving very much to a form of standardization I I hope that we can keep some of that but I do see very substantial changes coming about of course the points that I'm talking about also apply to general principles of civil law for instance good faith itself which is a basic concept which of course runs through most jurisprudence that we have they also have to be other matters that need to be refined to be consistent with the European Union's legal order where Britain is going to figuring that in the future is something i can answer at the moment but i think the beauty of this book is to get give you some idea of where we are at the moment we contract or from the contributors points of view and with a view to seeing where Britain might be going in the future let me conclude by saying again from what is in the book that the contribute the contributions and the contributors to this book examined European Union general principles and a distinction through rules both within the context of the European Union as well as that of the member states themselves and moreover they focus on the relevance of European Union general principles for contract law and the principles of civil war for a European contract law that's something I've always really been quite keen to see where we could get some measure of agreement bearing in mind our own common law system here in England and Wales however I think I'm fortunate with decisions being taken the way they have we could be possibly taking a backwards step but I have to be very careful what I say concerning that the publication data course of the book is 2016 I'd like to thank two authors jacobean Rutgers and Pietro Serena very much as the editors there's the book again spine and in the back and you can see in the book itself the actual people who have contributed quite a large number they're just a shown to list them you get some idea of of the overall concepts that are being put forward as I say you've got a couple of very standard cases listed from the UK and the US but the rules and principles of European contract law a reasonably well set out here there is of course in the book itself quite a lot of footnoting which is of you some sure whether this book is going to have any longer so influence on where we're going within the European within the United Kingdom as far as the EU is concerned because of of the time scale I do not know but I'd like to thank everybody concern for an excellent book because it certainly is a very useful in decay where we are at the moment as we start looking at a new future thank you anyway to inter sent here to enter their colleagues and who everybody involved in an excellent publication but I