The Principle of Proportionality and European Contract Law

Maastricht Faculty of Law Working Paper

Maastricht European Private Law Institute (M-EPLI) Working Paper No. 2013-05

25 Pages Posted: 23 Jan 2013  

Caroline Cauffman

Maastricht University

Date Written: January 22, 2013

Abstract

The paper investigates the role of the principle of proportionality within contract law, in balancing the rights and obligations of the contracting parties. It illustrates that the principle of proportionality is one of the general principles which govern contractual relations, and as such it is an underlying principle of more specific rules of EU contract law. Furthermore, it is investigated whether the principle of proportionality can in addition play a role as an autonomous principle, apart from more specific rules. Finally, some general conclusions about the principle of proportionality in contract law will be formulated.

Keywords: general principles of EU law, principle of proportionality

Suggested Citation

Cauffman, Caroline, The Principle of Proportionality and European Contract Law (January 22, 2013). Maastricht Faculty of Law Working Paper; Maastricht European Private Law Institute (M-EPLI) Working Paper No. 2013-05 . Available at SSRN: https://ssrn.com/abstract=2204984 or http://dx.doi.org/10.2139/ssrn.2204984

Caroline Cauffman (Contact Author)

Maastricht University ( email )

P.O. Box 616
Maastricht, 6200MD
Netherlands

Paper statistics

Downloads
340
Rank
71,092
Abstract Views
1,169