Freedom of Contract: Mandatory and Non-Mandatory Rules in European Contract Law

Abstract

The purpose of this paper is a reflection of the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the PECL, the acquis communautaire, or the draft 'common frame of reference' (CFR). It is especially critical of anti-discrimination laws.