Liberal, social and ‘ethical’ justice in European contract law

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Series Details Vol.43, No.3, June 2006, p817–833
Publication Date June 2006
ISSN 0165-0750
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Publishers Abstract:
The European Communities have harmonised the contract laws of Europe in various fields. Regulations on restrictive trade practices limit the parties' freedom to create cartels. Directives on labour relations protect the employee. The insurance client, the capital investor and the bank customer are protected in various respects, and so is the commercial agent. A directive combats late payment in commercial transactions. However, the most significant measures have been a number of directives which aim at protecting the consumer as a contracting party. This acquis communautaire is a fragmentary harmonisation. There are no general contract rules for Europe. However, the European Commission is now making an attempt to coordinate the acquis and to prepare general contract rules. It plans to prepare a so-called Common Frame of Reference (CFR), which in the main will contain general principles of contract law and rules on some specific contracts. The rules should protect all parties, both consumers and non-consumers.

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