The Future of Contract Law in Europe

MAASTRICHT EUROPEAN PRIVATE LAW INSTITUTE WORKING PAPER No. 2015/2

Christian Twigg-Flesner (ed.), Research Handbook on EU Consumer and Contract Law (2015), Forthcoming

16 Pages Posted: 17 Feb 2015

See all articles by Jan M. Smits

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

Date Written: February 17, 2015

Abstract

This paper reflects upon the future of contract law in Europe. It considers the changing roles of legislatures, courts, academics and private actors as a result of Europeanisation and globalisation. It is both investigated how substantive contract law may be affected by future developments (the ‘law of the future’) and how the place of contract law in society as a whole may change (the ‘future of law’). The approach is based upon the premise that if one legal actor becomes less important, other actors can be expected to fill the vacuum, meaning that the roles of the various actors involved in law making are closely interlinked.

Keywords: European contract law, Globalisation, Futurology, Legal actors, Judicial activism, Trust-building

Suggested Citation

Smits, Jan M., The Future of Contract Law in Europe (February 17, 2015). MAASTRICHT EUROPEAN PRIVATE LAW INSTITUTE WORKING PAPER No. 2015/2. Available at SSRN: https://ssrn.com/abstract=2566149 or http://dx.doi.org/10.2139/ssrn.2566149

Jan M. Smits (Contact Author)

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

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