The Freedom to Circulate Documents: Regulating Contracts in Europe
Author: Hugh Collins
Source: European Law Journal, Volume 10, Number 6, November 2004 , pp. 787-803(17)
Abstract:: Evidence collected by the European Commission indicates that insofar as the diversity between laws of national legal systems presents an obstacle to trade in the Internal Market, the problem consists of the inability of businesses to use their standard terms of business in cross-border trade with confidence. It is suggested that the solution to this problem lies not in legal integration through harmonisation of the private law of contract, but rather through the creation of procedures for autonomous agreements under which representatives of parties to standard types of contracts can agree upon model contracts containing fair ancillary terms.
Document Type: Research article
Publication date: 2004-11-01