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Rules and Principles in European Contract Law

Book | 1st edition 2015 | Europe | Jacobien Rutgers, Pietro Sirena

In its case law the Court of Justice of the European Union has acknowledged general principles of EU law, which have a constitutional status. In addition the Court of Justice has also recognised ‘general principles of civil law’, relying upon values which are traditionally rooted in the domain of private law.

The pervasive use of principles, both in the case law of the Court of Justice and in other EU projects of ‘soft ’ and ‘hard’ law, challenges legal scholarship. Although the concepts of principles and rules have been widely discussed within the context of national legal orders, they need to be rethought at the European level, because the traditional view of a principle does not fit the European Union’s constitutional architecture. This also applies to the general principles of civil law, for instance good faith. They also have to be redefined to be consistent with the European Union’s legal order.

The contributions in this book examine EU general principles and their distinction from rules both within the context of the European Union as well as of the Member States. Moreover, they focus on the relevance of EU general principles for contract law and of principles of civil law for a European contract law.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780682570
Series name European Contract Law and Theory
Weight 350 g
Status Available
Number of pages xii + 160 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Jun 15, 2015
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of Contents
  • Introduction
  • Principles versus Rules in the Emerging European Contract Law
  • The ECJ and General Principles Derived from the Acquis Communautaire
  • The Principle of Effectiveness and EU Contract Law
  • The Principle of Proportionality and European Contract Law
  • ‘General Principles’ and ‘Underlying Principles’ in the Proposed Common European Sales Law and their Role in its Interpretation
  • Contractual Autonomy and European Private Law
  • Good Faith and Reasonableness in European Contract Law
  • Benefits to the Defendant as a Measure for Relief: Toward a Specific Rule in European Contract Law?