Talk on "Myths and Reality in the Comparative Law of Contracts"

On 17th July 2023, the Faculty of Economic Law hosted Prof. Catherine Valcke from the Faculty of Law at the University of Toronto. She delivered a captivating talk titled "Myths and Reality in the Comparative Law of Contracts." The event was graciously welcomed by the UEL Department of Cooperation and Development, and the Vice Dean of the Faculty, Assoc. Prof. Ngo Huu Phuoc.

During her presentation, Prof. Valcke delved into a comparative analysis of two legal traditions concerning the remedies of damages and specific performances in contracts. She challenged conventional beliefs that the common law approach is primarily driven by economic imperatives, while the civil law approach is motivated by moral imperatives. In fact, she argued that the treatment of these two systems varies significantly due to their differing concepts of contracts.

In the civil law tradition, the binding effect of a contract takes precedence. On the other hand, under the common law, a contract is viewed as an attribution to a binding promise, with damages being considered an alternative remedy. Prof. Valcke skillfully highlighted these distinctions, shedding light on the underlying principles that guide each legal system.

The audience, comprising members of the UEL Faculty of Economic Law, the Faculty of Law and the IICL, as well as post-graduate and undergraduate law students, actively engaged in the talk and subsequent debates. Their eagerness to participate demonstrated the significance of the topic and the impact of Prof. Valcke's insights on the comparative law of contracts.