The Draft Common Frame of Reference for a European Private Law (DCFR) suffers from so-called methodological nationalism: the DCFR adopts a view of law and lawmaking developed for national jurisdictions and in doing so, it takes too little into account that what is best at the national level may...

In his impressive body of work, Ewoud Hondius has made clear that he favour, the development and harmonization of a European contract law. Hondius has analyzed and developed numerous important notions of contract Jaw, within the European contract law perspective: we only have to mention...

In this paper, the author discusses one of the options for the future development of European contract law as sketched in the European Commission's Communication on European Contract Law of 2001. It is defended that a uniform contract law for Europe will necessarily be multi-layered and...

As a result of increasing economic globalization and technological progress, the power of State-made law to govern relationships among private parties is decreasing. It is argued in this contribution that as a result, private actors increasingly turn towards alternative types of ordering that as...

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There are good reasons to expect that the process of European integration might bring about a renaissance of comparative law and private international law, the two disciplines, in which Herbert Bernstein had excelled in the New and the Old World. To be sure, Europe’s legal systems must respond...