The protection of the weak party in a harmonised European contract law: a synthesis

Abstract

Protecting the weak party has been one of the cornerstones of the development of contract law over the past century. An enduring intellectual debate sets those who would advocate a less interventionist model against those – including the present author – who remain wedded to the virtues of protection. That debate lies at the core of this Special Issue. The European Union has been and remains at the forefront of the renovation of the law, and it now confronts questions that spill over from its longstanding preoccupation with consumer law into the field of private law more generally.