The Constitutional Foundations of European Contract Law: A Comparative Analysis

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Kathleen Gutman (Senior Affiliated Researcher, Senior Affiliated Researcher, Institute for European Law of the University of Leuven)

The Constitutional Foundations of European Contract Law

A Comparative Analysis

Kathleen Gutman (Senior Affiliated Researcher, Senior Affiliated Researcher, Institute for European Law of the University of Leuven)

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English

Oxford University Press
01 March 2014

Series: Oxford Studies in European Law

Situated within the context of the ongoing debate about European contract law, this book provides a detailed examination of the European Union's competence in the field of contract law.

It analyses the limits of Union competence in relation to several relevant Treaty provisions which potentially confer competence on the Union to adopt a comprehensive contract law instrument and the exercise of Union competence in connection with the operation of the principles of subsidiarity, proportionality and sincere cooperation. It also explores the viability of several alternative and complementary routes to the adoption of such an instrument, including enhanced cooperation, an intergovernmental treaty and certain American techniques. Setting forth an elaborate account of the context for this debate and its chronological development at the European level, this book charts the discussions relating to the European Union's competence to regulate contract law and offers a comparative analysis of the approach taken to the approximation of contract law in the American setting.

Setting forth a detailed account of the context for this debate and its chronological development at the European level, the book charts the discussions that have occurred within and outside the EU relating to the transnational competence to regulate contract law.

Situating European constitutional law within the continued debate about European contract law, it also reflects upon the contract law structure of the United States and examines the viability of alternative and complementary routes to the adoption of a comprehensive instrument of substantive contract law.

By: Kathleen Gutman (Senior Affiliated Researcher Senior Affiliated Researcher Institute for European Law of the University of Leuven)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 241mm, Width: 161mm, Spine: 34mm
Weight: 972g
ISBN: 9780199698301
ISBN 10: 0199698309
Series: Oxford Studies in European Law
Pages: 560
Publication Date: 01 March 2014
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Introduction PART I: CONTEXT 1: The Constitutional Framing of European Contract Law 2: The Role of the Court of Justice in European Contract Law 3: The American Contract Law Framework PART II: DEBATE 4: The Debate Begins 5: The Debate Solidifies 6: The Debate Continues PART III: CONSTITUTIONALITY 7: The Constitutional Parameters of European Contract Law 8: European Contract Law and the Internal Market 9: European Contract Law and Consumer Protection 10: European Contract Law and Judicial Cooperation in Civil Matters 11: Alternative and Complementary Routes in European Contract Law 12: Conclusion Bibliography

Dr. Kathleen Gutman is an American-trained lawyer specialising in EU and International Law and the comparative study of EU-US law. She has been awarded several advanced legal degrees from American and European institutions, including a J.D./LL.M. in International, Foreign, and Comparative Law from Duke University School of Law, as well as a M.A. in European Studies and a Ph.D. in Law from the University of Leuven. She has also worked as a summer associate in the Brussels office of Van Bael & Bellis and as a litigation associate in the New York office of Jones Day.