The Influence of European Consumer Law on General Contract Law and the Need for Spontaneous Harmonisation: On the Disturbance and Reconstruction of the Coherence of National Contract Law and Consumer Law Under the Influence of European Law

15 Pages Posted: 7 Mar 2007

See all articles by Marco Loos

Marco Loos

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

Date Written: 2006

Abstract

In the discussions on European contract law, the important position of European consumer law is broadly acknowledged. Even though there are exceptions, undoubtedly the core of European (Union) contract law primarily consists of directives in the area of consumer law. In many legal systems, these directives have extensively influenced the very heart of contract law, especially in the area of unfair contract terms and consumer sales. As a result, areas of 'Europeanised' contract law have emerged within national contract law. This process endangers the much-desired coherence of national contract law, as European (consumer) contract law in the cases governed by a directive requires a 'European' interpretation of sometimes well-known concepts in contract law, whereas in other cases the traditional 'national' interpretation is maintained. In this paper it is argued that striving for coherence requires legislators and courts to consider the 'spontaneous harmonisation' of European contract law as a means to protect the coherence of the national legal system.

Keywords: spontaneous harmonisation, European contract law, consumer law, influence of European consumer law on national general contract law

Suggested Citation

Loos, Marco, The Influence of European Consumer Law on General Contract Law and the Need for Spontaneous Harmonisation: On the Disturbance and Reconstruction of the Coherence of National Contract Law and Consumer Law Under the Influence of European Law (2006). Centre for the Study of European Contract Law Working Paper No. 2006/02, Available at SSRN: https://ssrn.com/abstract=968381 or http://dx.doi.org/10.2139/ssrn.968381

Marco Loos (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
427
Abstract Views
1,933
Rank
125,394
PlumX Metrics