Mateusz Grochowski, ‘Does European contract law need a new concept of vulnerability?’

During recent years, European contract law experienced one of the most momentous changes in its entire history. Since the 2017 Fitness Check, it has been substantially transforming into a new regulatory and political project, expanding far beyond its conventional agenda. As this process is still far from reaching a conclusion, it is – even more than ever – worth critically rethinking our established understanding of the identity and aims of European contract law. From the very beginning of its contractual legislation, European law has revolved around the idea of economic weakness and susceptibility to market harm. The foundations of this concept were crafted as a direct outcome of the 1960s/1970s political and economic imaginary. It was a direct function of the welfare state ideal, wherein the public regulator actively caters for the economic self-fulfillment of individuals …

Mateusz Grochowski, Does European contract law need a new concept of vulnerability? Journal of European Consumer and Market Law volume 10, issue 4 (2021) pp 133–135.

First posted 2021-08-31 15:00:43

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