The Contracting Parties' Choice of European Soft Law: Its Validity and Limits

in (eds) A Jansen and H Schulte-Nölke, Researches in European Private Law and Beyond. Contributions in Honour of Reiner Schulze's Seventienth Birthday (Baden-Baden 2020) 163-178

Bocconi Legal Studies Research Paper No. 3566989

16 Pages Posted: 28 Apr 2020

See all articles by Pietro Sirena

Pietro Sirena

Bocconi University - Bocconi Law Department

Date Written: April 2, 2020

Abstract

Since the 1980’s autonomous groups of researchers and scholars have carried out several projects of a European private law, thus showing how far the process of Europeanisation of legal studies has advanced. It is thus been laid down a 'law beyond the State', which can be opted in by contracting parties, whose freedom to do so should be considered as granted by Rome I Regulation. This stance is, however, a bone of contention, as well as the limits within which such a choice may be deemed to be valid.

Keywords: soft law, PECL, PICC, choice of law, consumer protection, commercial contracts

JEL Classification: K, K12

Suggested Citation

Sirena, Pietro, The Contracting Parties' Choice of European Soft Law: Its Validity and Limits (April 2, 2020). in (eds) A Jansen and H Schulte-Nölke, Researches in European Private Law and Beyond. Contributions in Honour of Reiner Schulze's Seventienth Birthday (Baden-Baden 2020) 163-178, Bocconi Legal Studies Research Paper No. 3566989 , Available at SSRN: https://ssrn.com/abstract=3566989

Pietro Sirena (Contact Author)

Bocconi University - Bocconi Law Department ( email )

Italy

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