An Optional Instrument on Contract Law and Social Dumping Revisited

Abstract

Will an optional instrument on contract law result in social dumping? In this paper it is argued that this is likely to occur especially with respect to b2b contracts. This educated guess is made on the basis of empirical research concerning the Societas Europea and a choice of law in international contracts. This issue has been raised by the publication of the European Commission’s Green Paper on ‘policy options for progress towards a European Contract Law for consumer and businesses’, in which the European Commission initiates a consultation with respect to the future of European contract law.

Keywords: European Union, contract law, social dumping

JEL Classification: K12