Constitutional Values and European Contract Law

ISBN: 9789041127655 出版年：2008 页码：286 Grundmann, Stefan Kluwer Law International

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 extremely dynamic over the last 10 years, both in substance and perspective: 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, as well as the Netherlands - hence the strong presence of scholars and practicing 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 6Member States and beyond - quite a few also practicing lawyers - discuss the issue and do so for the first time on such a broad and all encompassing basis.