The Europeanisation of Contract Law: Current Controversies in Law

by Twigg-Flesner; Christian

• ISBN13: 9780415465922
• ISBN10: 0415465923
• Edition: 1st
• Format: Hardcover
• Copyright: 2008-06-02
• Publisher: Cavendish Pub Ltd

Summary

Critical yet accessible, this book provides an overview of the current debates about the 'Europeanization' of contract law. Charting the extent to which English contract law has been subject to this activity, it is the ideal volume for readers unfamiliar with the subject who wish to understand the main issues quickly. It examines a range of key developments, including: a string of directives adopted by the European Union that touch on various aspects of consumer law recent plans for a European Common Frame of Reference on European Contract Law. Bringing together advanced legal scholarship, critically examining key developments in the field and considering the arguments for and against greater convergence in the area of contract law, this is an excellent read for postgraduate students studying contract and/or European law.

Table of Contents

Table of cases	p. ix
Table of legislation	p. xiii
Preface	p. xvii
The concept(s) of Europeanisation	p. 1
Introduction	p. 1
Contract law	p. 2
Defining the problem	p. 2
Europeanisation explored	p. 8
Structure of the book	p. 19
Framework of Europeanisation	p. 21
Introduction	p. 21
National contract rules and free movement	p. 21
Europeanisation and competence	p. 25
Europeanisation by directives	p. 34
The role of the European Court of Justice	p. 43
Conclusion	p. 50
Europeanisation: the story so far	p. 51
Introduction	p. 51
Areas not covered	p. 52
Overview: key directives	p. 54
The pre-contractual phase	p. 63
Contract formation and validity	p. 71
The substance of the contract	p. 80
Performance	p. 89
Remedies for non-performance	p. 95
Beyond contract law: enforcement by injunction	p. 99
Conclusion	p. 100
Impact on national law	p. 103
Introduction	p. 103
Implementation into domestic law - general considerations	p. 104
Post-implementation issues	p. 108
Implementing EU law in the UK	p. 113
Interpretation and application by national courts	p. 119
Impact on contract law generally	p. 133
Conclusion	p. 138
The way forward	p. 139
Introduction	p. 139
The Commission's trilogy on European contract law	p. 140
EU-wide standard contract terms	p. 142
The Common Frame of Reference	p. 144
An optional instrument	p. 159
CFR and OI: evaluation	p. 164
Competence - the perennial problem	p. 166
Review of the consumer acquis	p. 172
Conclusions	p. 179
Towards a European contract code? Concluding thoughts	p. 181
Introduction	p. 181
A European contract code?	p. 181
Europeanisation - conclusions	p. 190
Bibliography	p. 195
Index	p. 207
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