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The Freedom to Circulate Documents: Regulating Contracts in Europe
Author(s) -
Collins Hugh
Publication year - 2004
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/j.1468-0386.2004.00244.x
Subject(s) - commission , obstacle , diversity (politics) , european commission , business , law and economics , mutual recognition , law , economics , international trade , political science , finance , european union
Evidence collected by the European Commission indicates that insofar as the diversity between laws of national legal systems presents an obstacle to trade in the Internal Market, the problem consists of the inability of businesses to use their standard terms of business in cross‐border trade with confidence. It is suggested that the solution to this problem lies not in legal integration through harmonisation of the private law of contract, but rather through the creation of procedures for autonomous agreements under which representatives of parties to standard types of contracts can agree upon model contracts containing fair ancillary terms.