The Constitution of a Common Frame of Reference for European Contract Law

11 Pages Posted: 12 Aug 2008

See all articles by Chantal Mak

Chantal Mak

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

Date Written: August 5, 2008

Abstract

This report is meant to sketch in broad lines the current views on the so-called 'constitutionalisation' of European contract law. To what extent does the application of fundamental rights in the regulation of contractual disputes refer or contribute to an underlying system of values of contract law in Europe? And how do such underlying values affect the drafting of the Common Frame of Reference that is at present being developed for European contract law? It is submitted here that a combination of different types of internal and external analysis can provide a clearer picture of the Constitution of the Common Frame of Reference, and of what will be the role of the European judges in civil cases in safeguarding this constitutional order.

Keywords: european contract law, common frame of reference, fundamental rights, legal theory

Suggested Citation

Mak, Chantal, The Constitution of a Common Frame of Reference for European Contract Law (August 5, 2008). Centre for the Study of European Contract Law Working Paper Series No. 2008/06. Available at SSRN: https://ssrn.com/abstract=1220002 or http://dx.doi.org/10.2139/ssrn.1220002

Chantal Mak (Contact Author)

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

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

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