Illegality and Immorality in Contracts: Towards European Principles

24 Pages Posted: 27 Jan 2010

Multiple version iconThere are 2 versions of this paper

Date Written: January 26, 2010


This paper discusses the provisions on immorality and illegality of contracts in the Draft Common Frame of Reference (DCFR). After a sketch of the development of the relevant preceding rules contained in the Principles of European Contract Law (PECL), the paper addresses the infringement of fundamental principles and mandatory rules in light of Article II.-7:302 DCFR. It is then discussed to what extent the PECL and DCFR may serve as a model for the further harmonisation of the topic, possibly in a European Civil Code.

Keywords: European private law, contract law, European civil code, illegality, immorality

Suggested Citation

MacQueen, Hector Lewis, Illegality and Immorality in Contracts: Towards European Principles (January 26, 2010). Available at SSRN: or

Hector Lewis MacQueen (Contact Author)

University of Edinburgh - School of Law ( email )

Edinburgh EH8 9YL
United Kingdom
+44 131-650-2060 (Phone)
+44 131-662-4902 (Fax)

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