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The Constitutional Foundations of European Contract Law - A Comparative Analysis (Hardcover)
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The Constitutional Foundations of European Contract Law - A Comparative Analysis (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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Situated within the context of the ongoing debate about European
contract law, this book provides a detailed examination of the
European Union's competence in the field of contract law. It
analyses the limits of Union competence in relation to several
relevant Treaty provisions which potentially confer competence on
the Union to adopt a comprehensive contract law instrument and the
exercise of Union competence in connection with the operation of
the principles of subsidiarity, proportionality and sincere
cooperation. It also explores the viability of several alternative
and complementary routes to the adoption of such an instrument,
including enhanced cooperation, an intergovernmental treaty and
certain American techniques. Setting forth an elaborate account of
the context for this debate and its chronological development at
the European level, this book charts the discussions relating to
the European Union's competence to regulate contract law and offers
a comparative analysis of the approach taken to the approximation
of contract law in the American setting. Setting forth a detailed
account of the context for this debate and its chronological
development at the European level, the book charts the discussions
that have occurred within and outside the EU relating to the
transnational competence to regulate contract law. Situating
European constitutional law within the continued debate about
European contract law, it also reflects upon the contract law
structure of the United States and examines the viability of
alternative and complementary routes to the adoption of a
comprehensive instrument of substantive contract law.
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