Free Movements and Contract Law
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Jacobien W. Rutgers
Abstract
In this sectoral report the interplay between the free movements of goods, services, capital and persons and contract law is discussed. They are closely linked, since contract law provides the legal infrastructure of the free movements. However, the relevance of contract law for the internal market is not reflected in the number of ECJ rulings. Two instances in which the free movements affect contract law and contract are dealt with. First, national rules of contract law may be contrary to the free movements; specific attention is given to the role of conflict rules in this respect. Secondly, the contract which the parties concluded is contrary to a rule of national public law, which is a barrier to trade and must be set aside. This will influence the rights and obligations of the parties to the contract. In this respect a distinction between control ex post and ex ante is made. Finally, the conclusion is drawn that although the ECJ case law is not that numerous, the free movements affect contract law and contract increasingly.
Articles in the same Issue
- Editorial
- The Structure of the DCFR – Which Approach for Today's Contract Law?
- Common Frame of Reference & Social Justice
- The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
- Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
- Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
- The Draft Common Frame of Reference: Mistake and Duties of Disclosure
- Good faith and fair dealing in the DCFR
- The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
- The DCFR – Guarantee and Personal Security Contracts
- Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
- The DCFR – Restitution, unjust enrichment and related issues
- EC Legislation. European Community Legislation and Actions
- Italy
- Free Movements and Contract Law
- Books Received and Book Reviews
Articles in the same Issue
- Editorial
- The Structure of the DCFR – Which Approach for Today's Contract Law?
- Common Frame of Reference & Social Justice
- The Draft-Common Frame of Reference, Methodological Nationalism and the Way Forward
- Sense and Sensibilities: The DCFR and the Preservation of Cultural and Linguistic Plurality
- Pre-contractual Duties in the Draft Common Frame of Reference – What Relevance for the Negotiation of Commercial Contracts?
- The Draft Common Frame of Reference: Mistake and Duties of Disclosure
- Good faith and fair dealing in the DCFR
- The Draft Common Frame of Reference – Agency Authority and Its Scope – A Glance at Corporation Law
- The DCFR – Guarantee and Personal Security Contracts
- Burden of Proof in the Consumer Acquis and in the Draft Common Frame of Reference: Law, Fact and Things in Between
- The DCFR – Restitution, unjust enrichment and related issues
- EC Legislation. European Community Legislation and Actions
- Italy
- Free Movements and Contract Law
- Books Received and Book Reviews
