The Constitutional Foundations of European Contract Law A Comparative Analysis

Kathleen Gutman, Post-Doctoral Research Fellow, Institute for European Law of the Katholieke Universiteit Leuven

Dr. Kathleen Gutman is an American-trained lawyer specialising in EU and International Law and the comparative study of EU-US law. She has been awarded several advanced legal degrees from American and European institutions, including a J.D./LL.M. in International, Foreign, and Comparative Law from Duke University School of Law, as well as a M.A. in European Studies and a Ph.D. in Law from the Katholieke Universiteit Leuven. She has also worked as a summer associate in the Brussels office of Van Bael & Bellis and as a litigation associate in the New York office of Jones Day.

1. Introduction
PART I: CONTEXT
2. The Constitutional Framing of European Contract Law
3. The Role of the Court of Justice in European Contract Law
4. The American Private Law Framework
PART II: DEBATE
5. The Debate Begins
6. The Debate Solidifies
7. The Debate Continues
PART III: CONSTITUTIONALITY
8. The Constitutional Parameters of European Contract Law
9. European Contract Law and the Internal Market
10. European Contract Law and Consumer Protection
11. European Contract Law and Judicial Cooperation in Civil Matters
12. Alternative and Complementary Routes in European Contract Law
13. Conclusion
Bibliography