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The Emergence of EU Contract Law: Exploring Europeanization

Miller, L; (2012) The Emergence of EU Contract Law: Exploring Europeanization. Oxford University Press

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The emergence of a European contract law is one of the more significant legal developments in Europe today. The complexities that lie at its heart also make it one of the more fascinating areas of legal study. European Contract Law: Exploring Europeanization examines the origins of the discipline and its subsequent evolution. It brings the discussion up-to-date with full analysis of the debate on the Common Frame of Reference and the future that this ambiguous instrument may have in the contemporary European legal framework. One of the central themes of the book is exploration of the multi-level, open architecture of the EU legal order and the implications of such governance arrangements for the EU's private law programme. The book demonstrates that the key to understanding European contract law in the 21st century lies in adopting a perspective and mechanisms suitable for a legal order populated by multiple sources of private law. Legal pluralism is offered as a theoretical construct in relation to which the future of European private law might be shaped. Legal pluralism forces consideration of diversity's normative appeal and readjusts the analytical spotlight beyond the traditional, centralised, legislative, 'command and control' means of regulation. In so doing, softer mechanisms are introduced for the governance of contract law; mechanisms that enable coordination between the different sites at which contract law operates. This reorientation in thinking about European contract law, indeed about Europeanization itself, enables the inevitable diversity and pluralism that is a feature of multi-level Europe to be captured within a framework that maximises the opportunities for mutual transformations and learning.

Type: Book
Title: The Emergence of EU Contract Law: Exploring Europeanization
ISBN-13: 9780199606627
DOI: 10.1093/acprof:oso/9780199606627.001.0001
Keywords: Common Frame of Reference (CFR), Coordination, Diversity, European contract law, Europeanization, Legal pluralism, Multi-level governance, Private law, Soft law
UCL classification: UCL > School of Arts and Social Sciences > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1379148
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