European Private Law after the Common Frame of Reference

Edited by Hans-W. Micklitz, Professor for Economic Law, the European University Institute and Finland Distinguished Professor, University of Helsinki, Finland and Fabrizio Cafaggi, Judge at the Italian Council of State, Professor of Behavioral Sciences and Public Administration, LUISS University, Italy

• Contents:Introduction Hans-W. Micklitz and Fabrizio Cafaggi 1. Towards a European Private Law? The Common Frame of Reference in the Conflict between EC Law and National LawsAlessandro Somma2. The Interpretation According to Human Rights, Fundamental Freedoms and Constitutional Laws (art. 1:102 DCFR)Giuseppe Vettori 3. The Role of Competition in the European Codification ProcessStefan Grundmann4. The Public/Private Divide in European LawNorbert Reich5. The Draft Common Frame of Reference: How to Improve it?Jan M. Smits6. The Empirical Missing Links in the Draft Common Frame of ReferenceFernando Gomez7. A Spontaneous Order for Europe? Why Hayek’s Libertarianism is not the Right Way Forward for European Private LawMartijn W. Hesselink 8. The Authority of an Academic ‘Draft Common Frame of Reference’Nils Jansen 9. Legal Innovation in European Contract Law: Within and Beyond the (Draft) Common Frame of ReferenceFlorian Möslein10. Fitting the Frame: An Optional Instrument, Party Choice and Mandatory/Default Rules Horatia Muir Watt and Ruth Sefton-GreenIndex

‘The book is a “must read” for anybody interested in the future development of European private law.’