Scope and Application of the Optional Instrument
University of Amsterdam - Centre for the Study of European Contract Law (CSECL)
July 20, 2011
VERS UN DROIT EUROPÉEN DES CONTRATS SPÉCIAUX/TOWARDS A EUROPEAN LAW OF SPECIFIC CONTRACTS, D. Voinot and J. Sénéchal, eds., 2011
Amsterdam Law School Research Paper No. 2011-14
Centre for the Study of European Contract Law Working Paper Series No. 2011/09
In this paper it is argued that in order to be effective, the Optional Instrument’s scope should be as broad as possible. This implies it should be available to both cross-border and domestic contracts, both to B2B- and B2C-contracts, and substantively it should deal with both general contract law and specific contract law, most notably with service contracts and digital contracts. The outcome of this analysis is compared with the European Commission’s choices in the Feasibility Study. It is argued that in particular the substantive scope of the future Optional Instrument should be expanded in order to ensure that the Optional Instrument is attractive to both businesses and consumers.
Number of Pages in PDF File: 30
Keywords: Optional Instrument, European Contract Law, B2B- and B2C-contracts
JEL Classification: K12Accepted Paper Series
Date posted: July 21, 2011
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