The Influence of European Consumer Law on General Contract Law and the Need for Spontaneous Harmonisation: On the Disturbance and Reconstruction of the Coherence of National Contract Law and Consumer Law Under the Influence of European Law

Abstract

In the discussions on European contract law, the important position of European consumer law is broadly acknowledged. Even though there are exceptions, undoubtedly the core of European (Union) contract law primarily consists of directives in the area of consumer law. In many legal systems, these directives have extensively influenced the very heart of contract law, especially in the area of unfair contract terms and consumer sales. As a result, areas of 'Europeanised' contract law have emerged within national contract law. This process endangers the much-desired coherence of national contract law, as European (consumer) contract law in the cases governed by a directive requires a 'European' interpretation of sometimes well-known concepts in contract law, whereas in other cases the traditional 'national' interpretation is maintained. In this paper it is argued that striving for coherence requires legislators and courts to consider the 'spontaneous harmonisation' of European contract law as a means to protect the coherence of the national legal system.