Important characteristics and constitutional law basis of the optional instrument for European contract law

• Main Authors: Silvija Petrić, Maja Bukovac Puvača
• Format: Article
• Language: English
• Published: Pravni fakultet Sveučilišta u Splitu 2009-01-01
• Series: Zbornik Radova Pravnog Fakulteta u Splitu
• Subjects: optional instrument for European Contract law; contractual acquis; constitutional legal basis
• Online Access: http://hrcak.srce.hr/file/65169

This paper is dedicated to the analysis of the optional instrument for European contract law as one of the measures which the European Commission suggests within the framework of the initiative of European contract law. It is about the system of general rules of contract law and particular rules for those contracts which are the most important for the functioning of a unified European market. The paper analyses the reasons for suggesting such measures, the basic characteristics and purpose, possible ways of application, potential content and structure, its relation to other Acts and measures of community law, and, in particular, the possible constitutional law basis for the bringing in of such an act of Community law.