The Emergence of EU Contract Law Exploring

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 Europeanizationexamines 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.

Tables of Cases	p. xiii
European Union Legislation and Official Documents	p. xvi
National Legislation and Documentation	p. xx
European and International Treaties	p. xxi
National Reports	p. xxiii
The Notion of Europeanization and the Significance of Transnational Private Lawmaking	p. 1
Introduction	p. 1
Unpacking the concept of 'Europeanization'	p. 2
The challenges of transnational lawmaking	p. 14
The Emergence of EU Contract Law	p. 31
Introduction	p. 31
The genesis of a European contract law	p. 33
Legitimacy of the consumer contract law programme	p. 54
The EU Sales Directive: Analysis of an Encounter Between EU and Domestic Law	p. 71
Introduction	p. 71
An introduction to the Directive	p. 73
Remedies and rights	p. 74
The maximum/minimum harmonization debate	p. 79
Conformity	p. 88
Lessons from the Sales Directive	p. 103
A Way Forward for European Contract Law?	p. 106
Introduction	p. 106
A broader programme of EU contract law	p. 106
The Common Frame of Reference	p. 113
The Review of the Consumer Acquis	p. 126
The future of the DCFR and CFR	p. 131
European Contract Law and Multi-Level Europe	p. 150
Introduction	p. 150
Recognizing the multi-level architecture in Europe	p. 153
Methodological nationalism and its limitations	p. 166
Multi-level private law and the academic	p. 173
Europeanization and Diversity	p. 185
Introduction	p. 185
Diversity and the internal market	p. 186
Legal pluralism	p. 191
Coordination	p. 199
Exploring Europeanization: Conclusions	p. 219
Role of EU institutions in the creation of European contract law	p. 220
National transformations	p. 223
A plea for diversity	p. 226
Bibliography	p. 229
Index	p. 251
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The Emergence of EU Contract Law Exploring Europeanization

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