The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice

European Review of Contract Law, Vol. 2, No. 2, 2006

14 Pages Posted: 17 May 2012

Date Written: February 2006

Abstract

A form of contract law constitutionalization known by most European legal systems is the horizontal effect of fundamental rights and constitutional principles. This paper presents a comparative overview of fundamental rights adjudication in the private law of ten EU Member States. It draws attention to the spontaneous judicial convergences in contract law, which enable us to speak of the common ‘fact patterns’ of horizontal effect.

This paper aims to demonstrate two theses: first, this horizontal effect is a pan-European phenomenon, not necessarily linked to a particular national legal culture. Second, horizontal effect in contract law is not politically neutral but inspired, at least in its application by national courts, by policies of social justice.

Suggested Citation

Colombi Ciacchi, Aurelia, The Constitutionalization of European Contract Law: Judicial Convergence and Social Justice (February 2006). European Review of Contract Law, Vol. 2, No. 2, 2006. Available at SSRN: https://ssrn.com/abstract=2013063

Aurelia Colombi Ciacchi (Contact Author)

University of Groningen - Faculty of Law ( email )

9700 AS Groningen
Netherlands

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