Constitutional Values and European Contract Law - 9041127658 - 9789041127655

Constitutional Values and European Contract Law by

by: Stefan Grundmann
July 2008, ISBN 9041127658
ISBN 13: 9789041127655
288 pp. Hardcover

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Two major developments in European Private and European Business Law come together when we speak about "Constitutional Values and European Contract Law". European Contract Law has become extreme¬ly dynamic over the last 10 years, both in substance and perspec¬tive: all core areas are considered now in legal science and in EC legislation, and there are even the prospects of some kind of codification.

On the other hand, constitutional values and their impact on private law have been an issue of high concern in major Member States over decades, namely Italy and Germany, but as well the Netherlands - hence the strong presence of scholars and practising lawyers from these countries in this book. Constitutional values have, however, found their way to the EC level and the national discussions have inspired a European one, with three core values discussed:

Fundamental Freedoms,
fundamental rights and
constitutional system building principles- such as the social welfare state or the rule of law.

Their impact on private law can be sensed nowadays quite considerably also on the European level. These fundamental values are often seen as the ingredient, which renders European Private Law, namely European Contract Law, more responsive to social values or more "humane".

For all these reasons, the book combines comparative law, EC Law and interdisciplinary approaches to the question "Constitutional Values and European Contract Law". Outstanding scholars from six Member States and beyond - quite a few also practising lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.

Part 1, Constitutional Values and European Contract Law: An Overview , 1 Constitutional Values and European Contract Law: An Overview- Stefan Grundmann, Part 2 The Start: National Constitutions and Private Law, 2 Fundamental Rights in National (Namely German) Contract Law - Johannes Hager, 3 Subordinating Contract Law to Fundamental Rights: Towards a Major Breakthrough or towards Walking in Circles? - Olha O. Cherednychenko, Part 3 The First Dimension on the EC Level: Fundamental Freedoms, 4 Fundamental Freedoms and European Contract Law - Stefan Leible, Part 4 The Second Dimension on the EC Level: Fundamental Rights, Namely Equality and Human Dignity, 5 Fundamental Rights, Fundamental Freedoms and Contract Law -Arthur S. Hartkamp, 6 Anti-discrimination Rules in European Contract Law - Nuno Manuel Pinto Oliveira & Benedita MacCrorie, 7 Human Dignity in a Different Light: European Contract Law, Social Dignity and the Retreat of the Welfare State - Maria Rosaria Marella, 8 Social Rights, Human Dignity and European Contract Law - Aurelia Colombi Ciacchi, 9 Co-determining European Private Law(s) and Constitutionalization Process(es) - Giovanni Comande, Part 5 The Third Dimension on the EC Level: Constitutional Structural Principles 10 The Institutional Perspective: The European Economic and Social Constitution and the Role of Contract Law - Giuseppe Vettori, 11 European Contract Law and Economic Welfare: A View from Law and Economics - Fernando Gomez, 12 European Contract Law: A Matter of Consumer Protection, Citizenship, or Justice? - Martijn W. Hesselink