Towards a European Contract Law

In the decisive political stage of the preparations for an optional European contract law, this volume voices criticism and makes suggestions for improvements to the "Feasibility Study" that shall be followed by a legislative initiative of the European Commission. These proceedings of the conference "Towards a European Contract Law" held in June 2011 include the responses from renowned European academics, legal practitioners and political representatives to the Commissions' preparatory work on an optional European contract law as well as the programmatic speech of Commissions' Vice-president Viviane Reding. Furthermore, the full text of the Feasibility Study for a Future Instrument in European Contract Law is available in the annex to this volume.

1;Foreword;6 2;Contributors;8 3;Table of Contents;12 4;Part I. Introduction;16 4.1;Towards a European Contract Law An Introduction;18 4.2;The Next Steps Towards a European Contract Law for Businesses and Consumers;24 5;Part II. Scope and Function;36 5.1;Towards a European Contract Law;38 5.2;Scope and Function of the Optional Instrument on European Contract Law;50 6;Part III. Pre-contractual Duties;62 6.1;Pre-contractual Information. Duties in the Optional Instrument;64 7;Part IV. Formation;78 7.1;Contract Formation An Illustration of the Difficult Interface with National Law and Enforcement;80 7.2;Conclusion of the Contract;96 7.3;Invalidity of Contracts and Contract Terms in the Feasibility Study on a Future Instrument for European Contract Law;112 8;Part V. Unfairness and Non-negotiated Terms;136 8.1;Unfairness and Non-negotiated Terms;138 8.2;Unfair Terms in Contracts Between Businesses;146 9;Part VI. Performance and Remedies;164 9.1;The Influence of the Chosen Structure of the Draft for the Optional Instrument on the Functioning of the System of Remedies;166 9.2;Performance and Remedies;176 10;Part VII. Panel Discussion. Overarching Issues and Perspectives;182 10.1;European Contract Law The Case for a Growing Optional Instrument;184 10.2;A Step Further in a Long and Incremental Process: the Feasibility Study of the Expert Group on European Contract Law;188 10.3;The European Contract Law Seen by a Judge;194 10.4;A Certain Future for the Optional Instrument;196 10.5;Second and First Step Towards a European Contract Law;210 10.6;Towards a European Contract Law that Truly Serves European Citizens and Businesses;212 11;Part VIII. Future Perspectives;216 11.1;On a European Contract Law for Consumers and Businesses Future Perspectives;218 12;Annex. Feasibility Study for a Future Instrument in European Contract Law;230