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This sectoral report is meant to sketch in broad lines the current views on the so-called ‘constitutionalisation’ of European contract law. To what extent does the application of fundamental rights in the regulation of contractual disputes refer or contribute to an underlying system of values of contract law in Europe? And how do such underlying values affect the drafting of the Common Frame of Reference that is at present being developed for European contract law? It is submitted here that a combination of different types of internal and external analysis can provide a clearer picture of the Constitution of the Common Frame of Reference, and of what will be the role of the European judges in civil cases in safeguarding this constitutional order.

The Constitution of a Common Frame of Reference for European Contract Law