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The present state of European contract law and its  relation to the national contract laws of the Member States are unsatisfactory.  The Commission’s initiatives to develop a ‘Common Frame of Reference’ and an  ‘optional instrument’ of European contract law risk neglecting important aspects  of this project: the need for a coherent concept and theory of contract law  (liberal, social, market-functional?), the need for a systematic integration of  mandatory protective contract law into ‘general’ contract law, the need for a  sound theoretical and methodological approach to the comparison of 25 legal  systems and to the choice among alternative rules and solutions, and the flaws  of the non-binding nature of the legal instruments that shall be proposed. This  article explains the importance of the afore-mentioned issues for a future  European contract law and describes ways to deal with those issues in an  adequate manner.

The Future of European Contract Law between Freedom of Contract, Social Justice, and Market Rationality