Evolution of basic doctrines and principles of contract law in Europe

Ksenia Michailovna Belikova

Ksenia Michailovna Belikova Department of Civil Law and Proceedings and International Private Law, Peoples’ Friendship University of Russia (RUDN University), Moscow, Russia

Keywords: Europe; European Union; principles of law; contract law; harmonization of law; unification of law; Principles of European contract law; EU Directives; consumer rights protection.

Abstract

The objective: This article is devoted to surveying the evolution of basic doctrines and principles of contract law in Europe. The researcher considers law principles as being the fundamental ideas that can be implemented both in lawmaking and law realization and focus on a gradual change in ideas about the principles of contract law in Europe and the results of the unification and harmonization of the current views introduced in EU Directives and the Principles of European contract law. The methodology: The author considers the provisions of Principles of European Contract Law, Consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union; some EU Directives -1985 Council Directive 85/374/EEC on the liability for defective products, 1993 Council Directive 93/13/EEC on unfair terms in consumer contracts, etc. The obtained results: The author concludes among other things that the authors of the Principles used the methods of comparative law and tried to take into account those provisions of national private law systems that were deserved to be applied in the EU and this initiative is being developed within the Framework Project of General Provisions [of European Private Law].

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Author Biography

Ksenia Michailovna Belikova, Department of Civil Law and Proceedings and International Private Law, Peoples’ Friendship University of Russia (RUDN University), Moscow, Russia

Department of Civil Law and Proceedings and International Private Law, Peoples’ Friendship University of Russia (RUDN University), Moscow, Russia

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