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Transformation of Contract law and civil justice in new EU member countries (N. Reich, 2004)

August 13, 2009 By: Admin Category: Consumer Law

The Example of the Baltic States, Hungary and Poland – N. Reich, 2004

Instead of trying to analyse European private law under EU influence as a whole, I limit myself to the transformation of contract law because the discussion is most advanced here, and because it is an area where I can contribute most from my research and teaching. My concept of European contract law is a functional one and has been described elsewhere. I distinguish between three main functions of modern European contract law, namely: Autonomy; Regulation; Information.

I want to use this approach in analysing the transformation process of several – not all – new Member countries, namely the Baltic States, Hungary, and Poland. Under autonomy I understand the fundamental function of any contract law in a market economy like the one enshrined by the EC and EU Treaties, namely to make economic transactions by subjects of private laws (natural persons including consumers, business entities, the state acting in its “dominium” function) as secure and efficient as possible, to enforce them effectively under the rule “pacta sunt servanda”, once the conditions of a “free meeting of the minds” are met. At the same time I am convinced that even in a liberal economic and legal context, autonomy is not without borders; therefore, its inherent restrictions have to be made the subject matter of reflection, most notably by the principle of “good faith”…..

Click here to read ‘Transformation of Contract law and civil justice in new EU member countries’ (N. Reich, 2004)

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