欧洲合同法的原则.doc

欧洲合同法的原则.docPRINZIPIEN EINES EUROPAISCHEN VERTRAGSRECHTS: LIBERAL, MARKTFUNKTIONAL, SOLIDARISCH ODER...?
Brigitta Lurger . (Universitat Graz), . (Harvard), Universitatsassistentin an der Universitat Graz, derzeit
APART-Stipendiatin der Osterreichischen Akademie der Wissenschaften am Max-Planck-Institut fur auslandisches und internationales Privatrecht in Hamburg.
Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating thesource ・ Readers are permitted to make copies, electronically or printed, for personal and classroom use.
Principles of a European Contract Law: liberal, market-functional, social ("solidarisch"), or ...?
Abstract
The project of the unification of European contract law involves a number of crucial questions concerning the principal role and function of contract law in our present European societies. These questions have neither been answered nor dealt with sufficiently in the course of the ongoing preparations for the unification of contract law in Europe. One of the most important challenges to our traditional conceptions of contract law is presented by the need to incorporate into the general rules of contract law the meanwhile huge number of contract law norms of protective character, which can be found in various national consumer protection or other statutes as well as in EC directives and EC-block exemption regulations. The author makes detailed suggestions for the incorporation of rights of information, rights of revocation and the control of the contractual fairness into the general rules of contract law. From the new body of protective contract law rules and the open standards of general contract law (good faith, Treu und Glauben, unconscionability, gute Sitten, etc.) the principle of solidarity seems to emerge as a