Gutiérrez Naranjo – On Limits in Law and Limits of Law

16 Pages Posted: 13 Sep 2017 Last revised: 2 Dec 2017

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 30, 2017

Abstract

While private law defines limits to the effects of contracts, there also are limits to what the law can achieve. This article reflects on the implications of the CJEU’s judgment in the Spanish case of Gutiérrez Naranjo, concerning the temporal effects of nullity of unfair ‘floor clauses’ in mortgage contracts. To what extent can the powers of national highest courts be restricted by the CJEU in fields that are governed by a combination of national rules of private law and EU law? And to what extent should socio-economic factors be taken into account in adjudication? In particular, attention is paid to questions of Kompetenz-Kompetenz, the importance of the socio-economic context of the case, the ideas of justice underlying the interaction of national private law and EU law and the added value of transnational judicial dialogues for handling complex legal questions on the interface of different legal orders.

Keywords: private law, CJEU, Gutiérrez Naranjo, European contract law, EU law, national rules of private law

JEL Classification: K12

Suggested Citation

Mak, Chantal, Gutiérrez Naranjo – On Limits in Law and Limits of Law (August 30, 2017). Amsterdam Law School Research Paper No. 2017-38, Available at SSRN: https://ssrn.com/abstract=3034210 or http://dx.doi.org/10.2139/ssrn.3034210

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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