Clifford Chance

European contract law: draft code published

25 May 2011

The European Commission wants a European contract law. As part of its long march towards this nirvana, it has published and asked for comments on a "feasibility study" (ie a draft contract code). This is the first time that the Commission has officially opened up the content, as opposed to the concept, of its code to scrutiny. The draft code covers primarily the sale of goods and services, involving both business to consumer and business to business contracts, but if the current draft is eventually pushed into law, it will form the foundation for the Commission's inexorable expansion into other areas. The draft code should, therefore, concern everyone. Judged against precepts of freedom of contract and certainty, the draft code is wanting.

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