remedy which are directly based on the Const itution. In the latter situation, the chim and remedy are based on a prov ision in the civil code, e.g. on a provision for liability in tort or on a general good faith chuse in contract cases. A typical example is the German cases where the Bundesverfassungsgericht has dechred that extensive personal securities provided for the debts of close relatives are invalid due to a lation of the fundamental right to live one s own life(Personlichkeitsrecht, art. 2 Grundgesetz)which is protected in relationships between private persons by art. 138 BGB on immorality(Sittemvidnigkeit )2. Another example comes from Italy where t was held that the Constitutional obligation of solidarity(solidarieta sociale)has a horizontaleffect between contracting parties by way of the general good faith clauses conta ined in artt. 1366. 1374 and 1375 Codice Civile23 Within the European context fundamental rights are not only protected by national law but also by international law, notably the Convention for the Protection of Human Rights and Fundamental Freedoms(Rome, 1950). This Convention gives citizens an individual right of complaint in Strasbourg (when all national remedies/instances have been exhausted), and in some countries also in their own national courts 24. This means that yet another authority is involved in the adm inistration of private aw. Moreover, the European Convention chaired by Valery Giscard D Estaing is currently preparing a European constitution which will undoubtedly conta in a chapter on fundamental rights>, similar to the Charter of Fundamental Rights of the European Union(Nice, 2000)26. This raises the quest of the relationship between that Charter or the Constitution and a possible European Civil Code(or, for the time being, national civil codes). The Charter contains a arge num ber of provisions which may be of direct relevance for private law(ie. for relationships between citizens). Moreover, the values conta ined in it may be regarded as the common values of the European Union which could be the basis of a European Civil Code. The Preamble states27: Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom equality and solidarity. The Charter contans rights, freedoms and principles relating to Dignity (Chapter 1), Freedom(Chapter 2), Equality( Chapter 3), Solidarity( Chapter 4), Citizens Rights( Chapter 5), and Justice( Chapter 6). A hint as to its horizontal effect is to be found in the same preamble 28: Enjoyment of these Decisionof 19Octber 1993, BlerGE 89, 214, NJW 1994, 36. See PALANDT/HENRICHS, 60 23. See e.g Cass, 20 April 1994, nr. 3775, Corr gir. 1994, p. 566, note CARBONE. che I ossequio alla legalita formale non si traduca n sacrificio della giustizia sostanziale e non risulti quindi, dsatteso quel dovere(inderogabile)di solidarieta, ommai costituzonalizzato(art. 2 Cost), che, applicat ai contratti, ne determina mtegrativamente il contenuto o gh effetti(art. 1374 cc)e deve, adun tempo, orentame I interpretazione(art 1366c. c )e I esecuzione( art. 1 37 See in the Netherlands art. 93Grondwet(Constitution), which gives such prow sions direct Seeonitsprogresshttp://european-conventioneuint Seeforthefulltextwithcommentshttp://ue.eu.int/df/default.asp P lI P.12HESSELINK 8 remedy which are directly based on the Constitution. In the latter situation, the claim and remedy are based on a provision in the civil code, e.g. on a provision for liability in tort or on a general good faith clause in contract cases. A typical example is the German cases where the Bundesverfassungsgericht has declared that extensive personal securities provided for the debts of close relatives a re invalid due to a violation of the fundamental right to live one s own life (Persönlichkeitsrecht, art. 2 Grundgesetz) which is protected in relationships between private persons by art. 138 BGB on immorality (Sittenwidrigkeit) 22. Another example comes from Italy where it was held that the Constitutional obligation of solidarity (solidarietà sociale) has a horizontal effect between contracting parties by way of the general good faith clauses contained in artt. 1366, 1374 and 1375 Codice Civile23 . Within the European context fundamental rights are not only protected by national law but also by international law, notably the Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 1950). This Convention gives citizens an individual right of complaint in Strasbourg (when all national remedies/instances have been exhausted), and in some countries also in their own national courts 24 . This means that yet another authority is involved in the administration of private law . Moreover, the European Convention chaired by Valéry Giscard D Estaing is currently preparing a European constitution which will undoubtedly contain a chapter on fundamental rights25, similar to the Charter of Fundamental Rights of the European Union (Nice, 2000)26. This raises the question of the relationship between that Charter or the Constitution and a possible European Civil Code (or, for the time being, national civil codes). The Charter contains a large number of provisions which may be of direct relevance for private law (i.e. for relationships between citizens). Moreover, the values contained in it may be regarded as the common values of the European Union which could be the basis of a European Civil Code. The Preamble states27: Conscious of its spiritual and moral heritage, the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity. The Charter contains rights, freedoms and principles relating to Dignity (Chapter 1), Freedom (Chapter 2), Equality (Chapter 3), Solidarity (Chapter 4), Citizens Rights (Chapter 5), and Justice (Chapter 6). A hint as to its horizontal effect is to be found in the same preamble28: Enjoyment of these 22. Decision of 19 October 1993, BVerfGE 89, 214, NJW 1994, 36. See PALANDT/HEINRICHS, 60th ed., 2001, 138 no. 37ff. 23. See e.g. Cass., 20 April 1994, nr. 3775, Corr. giur. 1994, p. 566, note CARBONE. che l ossequio alla legalità formale non si traduca in sacrificio della giustizia sostanziale e non risulti, quindi, disatteso quel dovere (inderogabile) di solidarietà, ormai costituzionalizzato (art. 2 Cost.), che, applicato ai contratti, ne determina integrativamente il contenuto o gli effetti (art. 1374 c.c.) e deve, ad un tempo, orientarne l interpretazione (art. 1366 c.c.) e l esecuzione (art. 1375). 24. See in the Netherlands art. 93Grondwet (Constitution), which gives such provisions direct effect. 25. See on its progress http://european-convention.eu.int 26. See for the full text with comments http://ue.eu.int/df/default.asp 27. P. 11. 28. P. 12