EuSoCo

Book Presentation

EuSoCo Group (Authors)

Social Long-term Contracts in European Law

December 4, 2013

Organizer: EuroPriLex Group

Place: University of Luxembourg, FDEF (Faculty of Law, Economics and Finance), 4 Rue Alphonse Weicker, L-2721, Luxembourg

Date: December 4, 2013

Programme

11.15 Welcome

Professor Elise Poillot, University of Luxembourg, Chair of the EuroPriLex Group

11.30-11.50  Presentation of the book

Professor Luca Nogler, University of Trento

11.50-12.50 Comments and feedback from discussants

Professor Hugh Collins, London School of Economics and Political Science, University of Oxford

Professor David Hiez, University of Luxembourg, Head of the Research Unit in Law

12.50-13.15

General discussion

13.15-13.45 Replies from the EuSoCo group

Professor Udo Reifner, University of Hamburg, University of Trento

Light lunch

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Abstract of the book

„Social Long-term Contracts in European Law“, forthcoming in October 2013, is a book realized by a group of academics experts in the various fields of consumer (credit) law, tenancy law and labour law. In the last years the group has questioned the foundation of the rising European contract law on the classical model of sale that, on the one hand, is based on the paradigm of instantaneous agreement thereby avoiding to deal with all problems arising in the social context of long-term relations; on the other hand, it has failed to acknowledge a social welfarist thinking and a person-oriented approach. Some of these risks could be mitigated by taking into account the paradigm of long-term contracts such as consumption, housing, tenancy, employment and self-employment. These relations are regarded in terms of „life time contracts“ that is to say social long-term relations which, with regard to human lives, provide essential goods, services and income opportunities. Here, unlike the paradigm of sale, the contract constitutes a complex longterm relation between the provider and the user of capital, homes and workplace. In this context, there is the need to enrich the classical contract law apparatus in the light of a number of „principles“ (the principles identified by the EuSoCo Group) such as, for instance, the human dimension, which is at the core of social long-term relations; the need to protect physical and psychological aspects related to the weaker party; the need to guarantee the access to lifetime contracts that satisfy fundamental life needs; the need to provide rules for the contract’s adaptation to the changes of circumstances and to design termination in such a way as to be transparent, accountable and socially responsible. These main aspects and topics are addressed and developed from the point of view of labour law, tenancy law and consumer law. The book also includes general contributions dealing with the evolution of the European contract law and the need to enhance the moral dimension of contract law  from a law & economics perspective.

List of Authors

Luca Nogler                                  Lisette Langedijk                             Jason Dinse

Udo Reifner                                  Eva Kocher                                     Elena Bargelli

Luisa Antoniolli                            Orsola Razzolini                              Shin-Uk Park

Vincent Forray                              Florian Rödl

Andrea Nicolussi                           Geraint Howells

Maurice Tancelin                           Elena Pérez Carrillo

Peter Derleder                                Juana Pulgar

Helena Klinger                               Frey Nyberg

Ruben Houweling                           Christoph Schmid