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The Architecture of Post-National European Contract Law from a Phenomenological Perspective A Question of Comparative Institutional Analysis

Title data

Purnhagen, Kai:
The Architecture of Post-National European Contract Law from a Phenomenological Perspective A Question of Comparative Institutional Analysis.
In: Rabels Zeitschrift für ausländisches und internationales Privatrecht. Vol. 77 (2013) Issue 3 . - pp. 592-619.
ISSN 1868-7059
DOI: https://doi.org/10.1628/003372513X668754

Abstract in another language

Post-national European contract law consists of rulemaking that affects the superstructure and infrastructure of contract law. To view European contract law through the criteria of the superstructure and infrastructure of contracts provides us with a possibility to understand that the struggle about the colour of European contract law follows two trains: The first is a struggle about the determination of values and principles underlying European contract law. The second is about the adequate reflexion of these values in the infrastructure by the respective legal institutions in the superstructure. I will argue that the infrastructure of post-national European contract law consists of traditional party-determined values and new values that are independent from the respective parties and thereby determined by other “players”. The only value that convincingly qualifies as ‘post national’ value is the one of market-creation. These non-party determined values also influence the superstructure of European contract law. In addition to the traditional private law institutes, which may be detected by comparative research of existing national private law, the superstructure then also requires the implementation of institutes that respond to and are measured against these new values. Each and every legal provision in the superstructure of European contract law hence needs to be tested against its suitability to create and govern markets, thereby responding to the challenges created by the accession into the age of market-states. European contract law is hence a question of institutional analysis.

Further data

Item Type: Article in a journal
Refereed: Yes
Institutions of the University: Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Life Sciences: Food, Nutrition and Health > Chair Food Law > Chair Food Law - Univ.-Prof. Dr. Kai Purnhagen
Profile Fields > Emerging Fields > Innovation and Consumer Protection
Profile Fields > Emerging Fields > Food and Health Sciences
Research Institutions > Research Units > Forschungsstelle für Deutsches und Europäisches Lebensmittelrecht
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 29 Mar 2021 08:29
Last Modified: 29 Mar 2021 08:29
URI: https://eref.uni-bayreuth.de/id/eprint/64424