Optional or Mandatory Europeanisation of Contract Law

In: European Review of Private Law, Volume 8, Issue 1, p. 59-69

Abstract

This article argues in favour of a Europeanisation of contract law. It is submitted that we the citizens of Europe cannot content ourselves with the existing Europeanisation which is both fragmentary and uncoordinated and which provides no general principles. The Commission on European Contract Law has been established to provide Principles of European Contract Law. The experience of the Commission is that a Europeanisation of contract law is feasible. The Union could either aim at a creeping uncodified harmonisation brought about by the scholars and the courts or a codification ic, a European Civil Code. The author argues for the latter solution.