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The Constitutional Momentum of European Contract Law (II): The DCFR and the European Constitutional Order

Chantal Mak
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Opinio Juris in Comparatione, Vol. 2/2009, Paper No. 3

Abstract:
This paper analyses the potential impact of the recently published Draft Common Frame of Reference for European contract law (DCFR) on the European constitutional process. Looking at the combination of characteristics of codification and aspects of constitutionalism reflected in the DCFR, it is submitted that the further harmonisation of European contract law may contribute to the definition of the European constitutional order both on the institutional level (regarding the forms in which Europe’s Constitution is expressed) and on a substantive level (concerning the values encompassed by a ‘lasting constitutional settlement’ for the EU).

Keywords: DCFR, codification, fundamental rights, constitutionalisation of contract law

JEL Classifications: K12

Accepted Paper Series

Date posted: October 05, 2009 ; Last revised: November 04, 2009

Suggested Citation

Mak, Chantal, The Constitutional Momentum of European Contract Law (II): The DCFR and the European Constitutional Order (September, 22 2009). Opinio Juris in Comparatione, Vol. 2/2009, Paper No. 3. Available at SSRN: http://ssrn.com/abstract=1476888

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Contact Information

Chantal Mak (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam 1000 BA
Netherlands