Abstract: In an analysis of EU contract law, Hans Micklitz has developed the concept of a ‘competitive contract law’. The present chapter exposes the central elements of the concept and discusses its merits. The cornerstones of Micklitz’ concept are withdrawal rights and the sellers’ duty to provide information. Its claim is to promote a genuine notion of justice. Our analysis suggests that ‘classical’ contract doctrine still provides the superior theory to explain EU contract law. Withdrawal rights and their, as Micklitz maintains, ‘extension of competition beyond the moment of formation of contract’ cannot and should not replace pacta sunt servanda as the general rule of contract law. This would not only have devastating effects for a market economy but also compromise the interests of consumers.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: book-chapter
Indexed In: ['crossref']
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