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EU Contract Law (LAWS0149)

This module is for those interested in the development and application of EU contract law and its interactions with the contract law of EU Member States.

Module objectives

This course will introduce students to the body of contract law that has been developed by the EU. Students will explore the economic, political and constitutional reasons for why contract law was deemed necessary for the objectives of the EU and analyse the role of both the European court and the legislative institutions in its evolution.  The course will enable students to understand the interplay between EU contract law and the contract law of EU Member States and to appreciate the legal and political struggles at play in this interaction.

In learning about this body of EU (non-state) contract law, the course aims to stimulate broader thinking about the very nature of contract law and its centrality in the identity of the modern nation state. With this in mind, we consider such things as the role of contract law in contemporary society – for example, whether contract law should have a role to play in ensuring ‘social justice’ – and the extent to which processes such as ‘globalisation’,  ‘privatisation’ or ‘constitutionalisation’ may have an impact on private (contract) law.

In summary, this course will be enjoyed by all those keen to develop an appreciation of EU contract law as well as those wishing to gain insight into some of the key themes and challenges for contract law in the 21st century.

Module syllabus

This module is subject to change.

Principal themes of the course:

Part 1: Introduction

  • Public v Private Law: the defining features of private (contract) law
  • Exploring European Private Law: key distinctions with national contract law
  • Introduction to course themes: Globalisation; Europeanisation; Privatisation.

Part 2: The Development of an EU Contract Law

  • The Beginnings of EU contract law
  • The competence of the EU: Article 114
  • An EU ‘consumer’ contract law: examination of the Unfair Terms in Consumer Contracts Directive.
  • EU contract law as harmonisation of the internal market
  • EU contract Law and the role of the European Court of Justice
  • Deeper Harmonisation of EU contract law
  • EU contract law instruments: The Draft Common Frame of Reference and the Common European Sales Law
  • The Future of EU Contract law

Part 3: Themes in EU Contract Law

  • Codification and EU contract Law
  • Social Justice and EU contract Law
  • The impact of constitutional values on (EU) private law: the constitutionalisation of contract law

Recommended materials

There is no set textbook for this course. Readings will be set from a range of journals and texts in the area and we will also be looking closely at, Miller, L., (2012), ‘The Emergence of EU Contract Law; Exploring Europeanization’, Oxford University Press.

Module reading lists and other module materials will be provided via online module pages, once students have made their module selections upon enrolment.

Preliminary reading

  • Michaels, R. and Jansen, N. (2006). ‘Private Law Beyond the State? Europeanization, Globalization, Privatization’ (2006) American Journal of Comparative Law, 54, p. 843

Key information

Module details
Credit value:15 credits (7.5 ECTS, 150 learning hours)
Convenor:Lucinda Miller
Other Teachers:None
Teaching Delivery:10 x 2-hour weekly seminars, Term One
Who may enrol:LLM students only
Prerequisites:No formal requirements, however previous knowledge of EU law is highly recommended
Must not be taken with:None
Qualifying module for:LLM in European Union Law;
LLM in International Commercial Law
Assessment
Practice Assessment:Opportunity for feedback on one optional practice essay
Final Assessment:Essay (100%)