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
16 Pages Posted: 28 Apr 2020
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: Suggested Citation