Development of European Contract Law
This chapter examines the historical, economic, and political reasons which have led to the idea of ‘Europeanising’ private law, academic literature, and legal teaching in European countries in pursuit of the eventual creation of European private law. After discussing the functions of comparative law and the different ways in which it could contribute towards setting up a unified European private law, the chapter considers the link between economic order and contract law as well as the adoption of the principle of freedom of contract by all European legal orders. It also discusses the pros and cons of a ‘European Code of Contract Law’ that would harmonise or unify not only the rules on consumer protection but also the non-mandatory ‘dispositive’ contract law.