More information & useful links

Contract Law – A multifaceted policy instrument

EU instruments which have an impact on contract law in the member states (often referred to as the EU's "contract law acquis") can be found in many areas. A large number of these fall within the Commission's Internal Market policy. A similarly large number are relating to the Health and Consumer Affairs.

Most of these instruments harmonise specific aspects of contract law in the member states. However, free circulation of goods and services can also be facilitated by allowing parties to choose which (national) law should govern their contract. Information about the various instruments which are relevant in this area can be found on the applicable law section of the Justice and Home Affairs website.

Academic Groups and Initiatives

	A very good overview of contract principles in private international commercial law is given on the website of Lex Mercatoria.
	The Commission on European Contract Law operates a website which provides access to various language versions of the Principles of European Contract Law, as well as to an extensive bibliography on these principles and on other aspects of the harmonisation of contract law.
	SECOLA wants to offer an open "platform" for discussion amongst all interested circles on European contract law, which it considers to be the core of the Single market. Its website is available in English and German.
	SGECC, or Study Group on a European Civil Code, is a network of academics from across the EU, conducting comparative law research in private law in the various legal jurisdictions of the Member States. Their aim is to produce a codified set of Principles of European Patrimonial Law, complete with commentary and annotations.
	Acquis Group is a group of 30 legal scholars from all member states and accession countries. As a reaction to activities of EU institutions in the field of European contract law, the Acquis Group is working towards a systematic arrangement of existing Community law that will help to elucidate the common structures of the emerging Community private law. It concentrates primarily on the existing EC private law which can be discovered within the acquis communautaire.
	UNIDROIT – International Institute for the Unification of private Law is an independent intergovernmental organisation studying the needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law as between States and groups of States.
	Uniform Terminology for European Private Law is a project that aims to build a research training network to facilitate the national reception of European Community policy within the field of private law.
	CCBE – The Council of Bars and Law Societies of the European Union liaises between the Bars and Law Societies from the Members States of the European Union and the European Economic Area. It represents all such Bars and Law Societies before the European institutions, and through them some 500,000 European lawyers. It also enjoys consultative status with the Council of Europe.
	The European Private Law Newsletter aims at informing legal academics of the various initiatives concerning the bringing about of a European Private Law. Readers are also invited to submit news for publication. The Newsletter is available in printed form, or on the Freiburg homepage and the Maastricht homepage (German) of the Onderzoeksschool IUS COMMUNE (Dutch).
	European Private Law Network  : here you can find texts and documents concerning European Private Law and enacted both by the European Union Institutions and the national legislators, following an identical structure. Regulations and Directives focused on Private Law and national rules implementing the EU Directives will be specially included.
	IUS Commune Casebooks for the Common Law of Europe   : text, cases and materials on national, supranational and international law.
	The EFMLG is a group of legal experts from the EU banking sector dedicated to analysing and undertaking initiatives intended to foster the harmonisation of laws and market practices and facilitate the integration of financial markets in Europe following the introduction of the Euro. They have recently undertaken the task of considering whether it would be suitable to harmonise force majeure clauses, and have published some related guidelines on their website

University Research Centres and Groups

	Research Group on European Private Law at the University of Girona
	Centre for European Legal Studies (CELS) at the University of Exeter provides a starting point for legal research on European private law.
	European Private Law Forum at the European University Institute
	Max Plank Institute for Foreign and Private International Law

Bibliography – Articles Available Freely on the Internet

	Wolfgang Bauman "Necessity of a European Contract Law"
	Giuseppe Bellantuono "European Contract Law and Regulation of Public Utilities." LIUC Papers in Ethics, Law and Economics
	Martijn W. Hesselink "The Structure of New European Public Law" Netherlands Comparative Law Association
	Martijn W. Hesselink "The Politics of European Contract Law: Who has an Interest in What Kind of Contract Law for Europe?" (2002) Global Jurist Frontiers: Vol. 2: No. 1, Article 3.
	Martijn W. Hesselink "The Principles Of European Contract Law: Some Choices Made By The Lando Commission" (2001) Global Jurist Frontiers: Vol. 1: No. 1, Article 4.
	Nicholas Kasirer "The Common Core of European Private Law in Boxes and Bundles" (2002) Global Jurist Frontiers: Vol. 2: No. 1, Article 2.
	Ole Lando "The Principles of European Contract Law"
	Jan Smits "A Principled Approach to European Contract Law?" Maastricht Journal of European and Comparative Law, 7(2000) p. 21-223.
	Hans Schulte-Nölke "The Commission’s Action Plan on European Contract Law and the Research of the Acquis Group" ERA Forum 2/2003
	Reiner Schultze "The Acquis Communautaire and the Development of European Contract Law"
	Jan Smits "The Future of European Contract Law: on Diversity and the Temptation of Elegance" 2001
	Wouter Snijders "Building a European Contract Law: Five Fallacies and Two Castles in Spain" vol. 7.4 ELECTRONIC JOURNAL OF COMPARATIVE LAW, (November 2003)
	A. Watson "Legal Transplants and European Private Law" vol. 4.4 ELECTRONIC JOURNAL OF COMPARATIVE LAW (December 2000)

Bibliography – Books

	Christian von Bar et al (eds.) "Towards a European Civil Code" 1998
	Christian von Bar "Internationales Privatrecht" Bd.1 + 2, Allgemeine Lehren + Besonderer Teil. 2003 + 1991.
	James Gordley "The Enforceability of Promises in European Contract Law" University of Cambridge Press 2001
	Stefan Grundmann and Jules Stuyck (eds) "Academic Green Paper on European Contract Law" 2002
	Hein Kötz and Axel Flessner "European Contract Law" Volume 1: Formation, Validity, and Content of Contract; Contract and Third Parties 1998
	Conor Quigley "European Community Contract Law: The Effect of Ec Legislation on Contractual Rights, Obligations and Remedies" 1998
	Reinhard Zimmerman and Simon Wittaker (eds) "Good Faith in European Public Law" Cambridge University Press 2000