This paper will describe the drafting history of the Principles of the Law of Software Contracts, with particular attention to the extent of consumer and public-interest group representation in the process. The drafting process, I will argue, did not take adequate stock of problems identified in...

This paper explores the current place of Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy) in European private law and assesses whether this provision could form the basis of a judge-made European law on remedies. In order to make this assessment, first, the...

From a law-and-economics perspective, the European Commission's proposal for the introduction of an optional Common European Sales Law (CESL) has been criticized for over-regulating consumer sales law in Europe and for being likely to yield more costs than benefits. In defense of CESL, it is...

The European Commission's Proposal for a Regulation on a Common European Sales Law (CESL), published in October 2011, aims for an optional instrument of European Contract Law. The objectives of the Commission are twofold, namely to reduce transaction costs for businesses operating in the...

The paper introduces the DCFR, which is essentially the draft of a future EU Code of Obligations and works a bit like the UCC in the USA, as a model commercial code. After a brief historic justification of the draft, there is a presentation of what the DCFR can and cannot do at the present time....

According to the Commission, the main political goal behind the Common European Sales Law (CESL) is advancing cross-border trade between EU member states, thereby helping to further establish and strengthen a common market within the EU. The CESL is chosen and even symbolized by an already...

The principle of pacta sunt servanda is universally recognized. However, the binding nature of the contract is loosened to a certain extent in all legal systems if the circumstances of the contract change fundamentally. As an introduction to a broad comparative analysis of European Contract law,...

This article examines the implications of Rawls' theory, justice as fairness, for contract law. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is...

In 2011, the EU Commission presented a draft Regulation for a Common European Sales Law (“CESL”). The legislative proposal aims at removing obstacles to cross-border trade. It is based on the assumption that the differences between the contract laws of the Member States lead to increased...