The Principles of European Contract Law and the Protection of the Weaker Party

Hans-W. Micklitz ()
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Hans-W. Micklitz: Professor of Private and Economic Law, University of Bamberg and Head of VIEW, Berlin. Address: University of Bamberg, Kirschäckerstraße 39, D-96052 Bamberg, Germany. Fax: +49-951-863-1199

Journal of Consumer Policy, 2004, vol. 27, issue 3, 339-356

Abstract: The Principles of European Contract Law (PECL) must be seen as a major step forward in the development of a body of European rules and principles which enshrine the common heritage of different national legal orders and cultures. They are meant to define general rules equally applicable to any person independent of his or her status as a professional supplier and/or as a consumer. The leading principles are party autonomy and self-determination, restricted by the notion of good faith. This paper tests whether and to what degree the European Principles manage to deal with consumer protection law as it has developed over the last 20 or 30 years. It is argued that -- with some effort -- the European Principles can be read so as to leave room for integrating the protection of the weaker party, albeit to a limited extent only. The insufficiencies can be overcome only by merging the acquis communautaire in consumer law with the European Principles.

Date: 2004
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Journal of Consumer Policy is currently edited by Hans Micklitz, John Thøgersen, Lucia A. Reisch, Alan Mathios and Christian Twigg-Flesner

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