Principles of European contract law

Abstract

The article examines the main trends in the European space regarding the basic principles of contractual regulation of relations. The emphasis is placed on the dominance of the private law concept in the field of contractual relations. The author concludes that the fundamental principles of contractual regulation are of an evaluative nature. The article supports the assertion of scholars that the principles of European contract law are axiological in nature - filled with evaluative content and require interpretation in each particular case. The basic principles for contractual relations are the principles of fairness, good faith and reasonableness. The author emphasises that these abstract evaluative categories work together, and only in interaction can they ensure effective legal regulation of contractual relations. These principles determine the discretionary nature of legal regulation of contracts in the European area, including freedom of contract.
The author concludes that the DCFRs provide for the principles of regulation of private contractual relations based on the use of a whole range of basic fundamental principles with an evaluative legal nature, which indicates that there is a tendency in science to fill European law with axiological content. The European principles of contractual regulation of relations based on the principles of good faith, reasonableness and fairness, filled with the concepts of freedom of contract and discretion underlying such regulation, are the initial basis which forms the basis for application and implementation of the contractual structure in private law relations. The contract acquires the features of universality and plasticity, namely, remaining an instrument of private discretionary regulation, it acquires the ability to effectively and properly regulate numerous special types of private law relations.