Filomena Chirico
European Commission and Tilburg University



(Thursday, 21st May 2009)

Title : The Desirability of a European Contract Law

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The workshop will discuss the currently ongoing entrerprise of drafting a European Contract Law. Using an economic perspective, it will discuss the desirability of a body of rules at supra-national level, in the presence of existing national ontract law systems. Using an economic method can be of help at the core of European Contract Law, to identify its function(s) and to provide guidance as to the appropriateness of the rules set to become part of it. Such guidance includes both suggestions as to the appropriate regulatory level, going beyond the incomplete cross-border transaction costs argument, as well as indications as to what constitutes contract law of good quality.

Bibliographical references :

Filomena Chirico (2008), The Function of European Contract Law:
An Economic Analysis, TILEC Discussion Paper No. 2008-025.

F. Gomez, ‘European Contract Law and Economic Welfare: A View from Law and Economics’ InDret April 2008

E. Brousseau: Contracts: from Bilateral Sets of Incentives to the Multi-Level Governance of Relations, in New Institutional Economics, A Guidebook, ed by Eric Brousseau & Jean-Michel Glachant, Cambridge University Press, 2008, pp. 37-66