Abstract

Contents: Introduction, Fabrizio Cafaggi and Hans Micklitz 1. Towards a European Private Law? The Common Frame of Reference in the Conflict Between EC Law and National Laws, Alessandro Somma 2. The Interpretation of Good Faith and According to Human Rights, Fundamental Freedoms and Constitutional Laws in the Common Frame of Reference, Giuseppe Vettori 3. The Role of Competition in the European Codification Process, Stefan Grundmann 4. The Public/Private Divide in European Law, Norbert Reich 5. The Draft-Common Frame of Reference: How to Improve it?, Jan M. Smits 6. The Empirical Missing Links in the Draft Common Frame of Reference, Fernando Gomez 7. A Spontaneous Order for Europe? Why Hayek's Libertarianism is not the Right Way Forward for European Private Law, Martin W. Hesselink 8. The Authority of the Academic 'Draft Common Frame of Reference', Nils Jansen Munster 9. Legal Innovation in European Contract Law: Within and beyond the Draft Common Frame of Reference, Florian Moslein 10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules, Horatia Muir Watt and Ruth Sefton-Green

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