Starting from the theoretical underpinnings of contract law, mandatory rules should be the exception. In the reality of current European legislation, mandatory law is not the exception but the rule. The obvious explanation is that the EU has focused on consumer law, i.e. on the regulation of...

At the beginning of the year, the Draft Common Frame of Reference (DCFR) was published. The text is the result of the work of a broad range of private law scholars from the Member States of the European Union, and it presents itself as an ‘academic’ document, committed to the precepts of...