Fundamental Rights, Freedoms and Contract Law. Comparing Legal Systems

In this chapter, the impact of fundamental rights and constitutional values on contract law are examined from the perspective of three European jurisdictions. These are the Italian, the French and the English, as they represent Europe’s most influential legal traditions. The so-called horizontal effect and changing perceptions of traditional contract law concepts are followed through the recent legal debates and doctrines as pursued by scholars across Europe in the last three decades preceding the Brexit vote in the United Kingdom (UK). Some entrenched discussions within the UK are being covered as well as the efforts to create a European civil code and uniform contract law. The author starts with general considerations under European Union (EU) law, moves on to the UK and France, and ends with Italy.