The Emergence of EU Contract Law Exploring Europeanization

Author: Lucinda Miller
Publisher: Oxford University Press
ISBN: 9780199606627
Published In: September 2011
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Analyses and critiques the project to harmonize contract law in Europe, one of the most important legal developments in the EU today
Explores the multi-level, open architecture of the EU legal order and the implications of such governance arrangements for the EU's private law programme
Advances a framework for the future of European contract law that embraces the pluralism and diversity of private law in Europe
The emergence of a pan-European contract law is one of the most significant legal developments in Europe today. The Emergence of EU Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework.

One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order, and the implications of that architecture for the EU's private law programme. The analysis demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct with the capacity to shape the future of European private law, shifting the analytical spotlight beyond the traditional, centralized, legislative means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximizes the opportunities for mutual learning and exchange across private law sites.

Readership: Scholars and students of EU law and contract law; practitioners and lawmakers working in the area of European private law.

1. The Notion of Europeanization and the Significance of Transnational Private Lawmaking

2. The Emergence of a European Contract Law

3. The EU Sales Directive: Analysis of an Encounter between EU and Domestic Law

4. A Way Forward for European Contract Law?

5. European Contract Law and Multi-Level Europe

6. Europeanization and Diversity

7. Exploring Europeanization: Conclusions

Lucinda Miller, Senior Lecturer, Faculty of Laws, University College London

Lucinda Miller is Senior Lecturer in Law at University College London.

"...this is an excellent source for any private lawyer who wishes to engage at a deeper level with European contract law." - Cliona Kelly, The Irish Jurist