romanian english

Andra IFTIMIEI: Considerations on reflecting constitutional values on European contract law

Abstract: On one hand, fundamental rights play an important role in contract law as a source of values ​​that must be met. The other hand, the contract is indispensable for fundamental rights as it provides the tools to transform the system of values. It is necessary to be a need for dialogue between human rights and contract law. The concept of dialogue in this context means that the two branches of law must respect the sovereignty of each other and cooperate with each other in terms of equity. This leads to the time the contract law would preserve key role in integrating the values ​​underlying the fundamental rights. In contract law, fundamental rights influence occurs mainly in contracts with the counterparty. Fundamental rights such as freedom of contract and human dignity can be considered a non-binding agreement for the weaker party.

Keywords: fundamental rights, contracts, dialogue.


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