The Constitutional Foundations of European Contract Law
A Comparative Analysis
Series: Oxford Studies in European Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 December 2014
- ISBN 9780199698301
- Binding Hardback
- No. of pages560 pages
- Size 241x161x34 mm
- Weight 972 g
- Language English 0
Categories
Short description:
Examining the constitutional foundations of European contract law, this book provides a thorough assessment of the extent of the European Union's competence to regulate contracts and offers a comprehensive comparative study of the contract law framework in the United States.
MoreLong description:
Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law.
It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting.
Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law. Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.
Table of Contents:
Introduction
PART I: CONTEXT
The Constitutional Framing of European Contract Law
The Role of the Court of Justice in European Contract Law
The American Contract Law Framework
PART II: DEBATE
The Debate Begins
The Debate Solidifies
The Debate Continues
PART III: CONSTITUTIONALITY
The Constitutional Parameters of European Contract Law
European Contract Law and the Internal Market
European Contract Law and Consumer Protection
European Contract Law and Judicial Cooperation in Civil Matters
Alternative and Complementary Routes in European Contract Law
Conclusion
Bibliography
