Policy options for progress towards a European contract law

Abstract

This dissertation has been written in reply to the recent movement in European Contract Law. It is an attempt at studying the dynamics which have led to this momentum; at surveying whether the proposals and considerations forwarded by the Commission are viable in terms of law and at determining the so called 'barriers to the internal market.' It is a study of various literature on the matter which is aimed at seeking the way forward and also at determining the means which Europe truly requires in its quest for one contract law. It is built around the seven policy options which have been suggested by the Commission in its recent Green Paper on Policy Options for Progress towards a European Contract Law for Consumers and Businesses and studies it from two perspectives; namely from the consumer point of view and the business point of view. This dissertation identifies the true market barriers which are hindering transactions between parties in the light of the fact that the Commission has presented the divergences between national laws to be the main crux. It also questions whether Europe is truly calling for one contract law or whether this is merely the result of a political urge. It examines these policy options in view of the national identities of each Member States, which seem reluctant to let go of their civil codes, even if this comes at the expense of harmonising Europe's contract law.