European Contract Law and the Charter of Fundamental Rights

This is the first comprehensive analysis of the extent to which the Charter of Fundamental Rights of the European Union will influence the development of contract and commercial law at a European level. The essays in this volume examine how the Court of Justice has already used the Charter to steer the law governing consumer transactions, financial contracts, contracts of employment, self-employment, tenancies, and other contractual arrangements. They then proceed to assess the likely future impact of the Charter on EU contract law, using a variety of legal, historical, and theoretical perspectives. These original assessments by distinguished scholars range from claims that the Charter will only have a mild indirect influence to arguments that the Charter provides the necessary legal foundations for EU contract law and for a market society within a multi-level system of governance. Questions are raised about the scope of application of the Charter; its indirect but significant effect on national legal systems, especially in improving the effectiveness of EU law; and whether the rights and principles of the Charter may sometimes have direct effect on contracts by leading a court to disapply national law.

Hugh Collins FBA is the Vinerian Professor of English Law, All Souls College, Oxford.

“The editor managed to gather prominent scholars to write chapters on different legal issues concerning fundamental rights in European contract law and offered some very insightful solutions … It will thus be of great benefit both to academics and practitioners, especially judges (both national and European) who face these difficult questions on a daily basis.”
- Verica Trstenjak, Common Market Law Review 2019



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