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The Institutional Framework of European Private Law$
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Fabrizio Cafaggi

Print publication date: 1993

Print ISBN-13: 9780199296040

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199296040.001.0001

Transformation of Contract Law and Civil Justice in the New EU Member Countries: The Example of the Baltic States, Hungary and Poland*

Chapter:
(p. 271 ) 8 Transformation of Contract Law and Civil Justice in the New EU Member Countries: The Example of the Baltic States, Hungary and Poland
Source:
The Institutional Framework of European Private Law
Author(s):

Norbert Reich

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199296040.003.0008

In examining European private law, this chapter concentrates on the transformation of contract law through discussing the three fundamental functions of modern European contract law — autonomy, regulation, and information. Autonomy refers to how the subjects of private law, particularly business entities, consumers, and other such actors, are able to proceed with efficient and secure economic transactions despite having to face certain restrictions. Looking into regulatory function entails how certain restrictions and contracts have become incorporated within consumer law. Lastly, the chapter investigates on how information may be viewed with certain ambiguities since such is already found in traditional rules. For this analysis, however, the author focuses more on the subtle and differentiated rules on the provision of information and how such may be required by law since information is relevant for rational decision-making.

Keywords:   European private law, autonomy, regulation, information, rules, contract law, consumer law

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