Jump to ContentJump to Main Navigation
The Emergence of EU Contract LawExploring Europeanization$
Users without a subscription are not able to see the full content.

Lucinda Miller

Print publication date: 2011

Print ISBN-13: 9780199606627

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199606627.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 15 October 2019

The Emergence of EU Contract Law

The Emergence of EU Contract Law

Chapter:
(p.31) 2 The Emergence of EU Contract Law
Source:
The Emergence of EU Contract Law
Author(s):

Lucinda Miller

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199606627.003.0002

This chapter explores the early stages of the EU’s involvement in contract law and is most particularly concerned with examining the sector-specific programme of consumer contract law directives. In this respect, the internal market foundations of the positive harmonisation measures are especially highlighted. In addition, although perhaps not as visible as the legislative programme, the ECJ has made an imprint on this area of law (negative harmonisation) and the chapter analyses the judicial contribution to the development of a European contract law. The chapter also scrutinises the EU’s competence to act in consumer contract law and assesses the constitutional legitimacy of using the EU treaty’s internal market foundations for legislative measures. It reveals that the relationship between market-making and contract law might be more fragile than is normally assumed.

Keywords:   positive harmonisation, negative harmonisation, consumer contract law, directive, competence, EU treaty, constitutional legitimacy, internal market

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .