PRINZIPIEN EINES EUROPAISCHEN VERTRAGSRECHTS: LIBERAL, MARKTFUNKTIONAL, SOLIDARISCHODER.? Brigitta Luger Readers are reminded that this work is protected by copyright. While they are free to use the printed, electronic or othenwise, except for reasonable quoting, clearly indicating thesource 3? ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any for Readers are permitted to make copies, electronically or printed, for personal and classroom use Principles of a European Contract Law: liberal, market-functional, social ("solidarisch"),or.? abstract The project of the unification of European contract law involves a number of crucial questions concerning the principal role and function of contract law in our present European societie These questions have neither been answered nor dealt with sufficiently in the course of the ongoing preparations for the unification of contract law in Europe. One of the most important into the general rules of contract law the meanwhile huge number of contract y. to incorporate protective character, which can be found in various national consumer protection or other statutes as well as in ec directives and EC-block exemption regulations. The author makes detailed suggestions for the incorporation of rights of information, rights of revocation and the rol of the contractual fairness into the general rules of contract law. From the new body of protective contract law rules and the open standards of general contract law (good faith, Treu und Glauben, unconscionability, gute Sitten, etc. )the principle of solidarity seems to emerge as a counterprinciple to the principle of freedom of contract. This principle is not restricted to the protection of weaker parties or to the good faith standard. It includes duties of cooperation and question of where solidarity must end and the freedom to the egotistic pursuit of a party's ow e- loyality and it also applies to general default rules like the rules of breach of contract. The cruc interests has to apply can be anwered only in parts by the theories of Ordoliberalism"and of economic analysis of law. More appropriate concepts like the theory of a "social market " by h Collins deal with the tasks of contract law on a more general basis by referring to the creation of a desirable society or to valuable ways of life. These latter theories are apt to deal with issues of solidarity, corrective and distributive justice, and the whole spectrum of societal interests implied in contract law Inhalt Driur.(Universitat Graz), LL. M.(Harvard), Universitatsassistentin an der Universitat graz, derzeit APART-Stipendiatin der Osterreichischen Akadem ie der Wissenschaften am Max-Planck-Institut fur auslandisches und internationales Privatrecht in Hamburg.PRINZIPIEN EINES EUROPÄISCHEN VERTRAGSRECHTS: LIBERAL, MARKTFUNKTIONAL, SOLIDARISCH ODER ...? Brigitta Lurger1 Readers are reminded that this work is protected by copyright. While they are free to use the ideas expressed in it, they may not copy, distribute or publish the work or part of it, in any form, printed, electronic or otherwise, except for reasonable quoting, clearly indicating thesource. Readers are permitted to make copies, electronically or printed, for personal and classroom use. Principles of a European Contract Law: liberal, market-functional, social ("solidarisch"), or ...? Abstract The project of the unification of European contract law involves a number of crucial questions concerning the principal role and function of contract law in our present European societies. These questions have neither been answered nor dealt with sufficiently in the course of the ongoing preparations for the unification of contract law in Europe. One of the most important challenges to our traditional conceptions of contract law is presented by the need to incorporate into the general rules of contract law the meanwhile huge number of contract law norms of protective character, which can be found in various national consumer protection or other statutes as well as in EC directives and EC-block exemption regulations. The author makes detailed suggestions for the incorporation of rights of information, rights of revocation and the control of the contractual fairness into the general rules of contract law. From the new body of protective contract law rules and the open standards of general contract law (good faith, Treu und Glauben, unconscionability, gute Sitten, etc.) the principle of solidarity seems to emerge as a counterprinciple to the principle of freedom of contract. This principle is not restricted to the protection of weaker parties or to the good faith standard. It includes duties of cooperation and loyality and it also applies to general default rules like the rules of breach of contract. The crucial question of where solidarity must end and the freedom to the egotistic pursuit of a party's own interests has to apply can be anwered only in parts by the theories of "Ordoliberalism" and of economic analysis of law. More appropriate concepts like the theory of a "social market" by H. Collins deal with the tasks of contract law on a more general basis by referring to the creation of a desirable society or to valuable ways of life. These latter theories are apt to deal with issues of solidarity, corrective and distributive justice, and the whole spectrum of societal interests implied in contract law. Inhalt 1 ) Dr.iur. (Universität Graz), LL.M. (Harvard), Universitätsassistentin an der Universität Graz, derzeit APART-Stipendiatin der Österreichischen Akademie der Wissenschaften am Max-Planck-Institut für ausländisches und internationales Privatrecht in Hamburg