Some civil law Codes treat specific performance as the primary remedy for breach of contract even if in most cases the plaintiff can opt for damages. In contrast a common law court may order specific performance only if certain requirements are met. These examples show some of the differences existing between the two main types of system. Within these 2 types there is considerable variation between the contract laws of the different countries. For example, the time at which the property passes as a consequence of a sale of goods may vary if German or French law is to govern the transaction.
Local advice is vital on contract issues.
It would be beyond the purpose of this short chapter to examine the contract laws of all the European countries. The remainder of this chapter will describe a few supra-national sources of law that can be relevant in connection with computer related contracts. The UN Convention on Contracts for the International Sale of Goods was signed in Vienna in 1980 and came into force on 1 January 1988. The Convention aims to achieve harmonisation by adopting a common substantive law. This is intended, as far as applicable, to displace domestic law.