This paper examines the interaction among institutions in European private law in times of societal change. It is submitted that a translation of national constitutional models of division of powers to the European Union cannot fully do justice to the nature of the interplay of courts and...

This paper examines whether the provisions of the Common European Sales Law, as published by the European Commission, are fit to be applied to distance contracts for the supply of digital content to consumers. Both the original proposal and the amendments suggested by the European Parliament are...

In this paper I will describe the implementation of the Consumer Rights Directive, or CRD, in The Netherlands. Section 2 will deal with the provisions of the implementing act and the relation between these provisions and other provisions of consumer law. Section 3 will discuss the relationship...

This short paper contains comments prepared for the 'Foundational Principles of Contract Law Roundtable' held at Berkeley in January 2013. It discusses the relationships between contract law and democracy, between contract prices and human dignity, and between the American doctrine of...

On 8 October 2008 the European Commission submitted the proposal for a new Consumer rights directive to the European Parliament and the Council of Ministers. This paper discusses the type of harmonisation that is foreseen in the proposed directive. It first addresses the choice between minimum...

This paper looks into several aspects of Book IV.A of the Draft Common Frame of Reference and, in particular with regard to remedies, of Book III DCFR. Where appropriate, these provisions are compared with the corresponding provisions in the Principles of European Law on Sales (PELS) and,...