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http://ssrn.com/abstract=2204984
 
 

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The Principle of Proportionality and European Contract Law


Caroline Cauffman


Maastricht University; University of Antwerp

January 22, 2013

Maastricht Faculty of Law Working Paper
Maastricht European Private Law Institute (M-EPLI) Working Paper No. 2013-05

Abstract:     
The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an underlying principle of more specific rules of EU contract law. Furthermore, it is investigated whether the principle of proportionality can in addition play a role as an autonomous principle, apart from more specific rules. Finally, some general conclusions about the principle of proportionality in contract law will be formulated.

Number of Pages in PDF File: 25

Keywords: general principles of EU law, principle of proportionality

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Date posted: January 23, 2013  

Suggested Citation

Cauffman, Caroline, The Principle of Proportionality and European Contract Law (January 22, 2013). Maastricht Faculty of Law Working Paper; Maastricht European Private Law Institute (M-EPLI) Working Paper No. 2013-05 . Available at SSRN: http://ssrn.com/abstract=2204984 or http://dx.doi.org/10.2139/ssrn.2204984

Contact Information

Caroline Cauffman (Contact Author)
Maastricht University ( email )
P.O. Box 616
Maastricht, 6200MD
Netherlands
University of Antwerp
Prinsstraat 13
Antwerp, 2000
Belgium
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