Abstract
This chapter reconceives the relationship between EU and national private law within a new theoretical framework, focusing on two major issues in the context of contract law. First, it aims to explore how national contract law today responds and should respond to EU contract law, taking into account the conflicting values at stake in the harmonisation process. Second, the chapter seeks to unveil how different institutional factors at play in respect of EU contract law-making, such as the legal basis for legislative action, path dependency, and the political constraints, shape the relationship between EU and national contract law.
| Original language | English |
|---|---|
| Title of host publication | European Contract Law and Future Challenges |
| Editors | S. Grundmann, P. Sirena |
| Publisher | Intersentia Cambridge |
| Pages | 139-168 |
| Number of pages | 30 |
| ISBN (Electronic) | 9781839706202 |
| ISBN (Print) | 9781839704888 |
| Publication status | Published - 2025 |
Keywords
- European Union
- Regulation
- EU Contract Law
- National Contract Law
- Public Enforcement
- Private Enforcement
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