The Problem of real contracts in the Drafting of the European Contract Code - Book II

The Academy of European Private Lawyers, after drawing up the preliminary draft of the European Contract Code, Book I, concerning contracts in general, is now working on Book II, on specific contracts. And the author of this report, as a member of such international working group, intends to submit for the discussion the problem of the nature to be attributed, in the aforementioned code, to the contracts of depositum, contractual sequestration, commodatum and mutuum. In the light of an historical-comparative analysis of the matter and of provisions of the above code, Book I, a range of possible solutions is proposed, which goes beyond the mere alternative between "real" and "consensual" contract.