Raţionalizarea dreptului european al contractelor: de la insuficienţele armonizării sectoriale la beneficiile eforturilor de sistematizare
Streamlining of the European Contract Law: from inadequacies sectorial harmonization to benefit of the efforts to systematize

Summary/Abstract: The community Acquis in the contract law (mainly represented by the body of directives regarding contracts concluded by consumers) and the European private international law rules (Brussels I and Rome I) is the immediate and tangible normative reality of the European contract law in its current development stage. Following a general description of the developments and meanings related to 'Europeanisation' of the contractual matter (I) and a brief exposé of the Consumer Acquis (II), this study proposes to detail the meanings of rationalization of a EU contract law by highlighting aspects on discussing the sectoral approach and awareness by the Commission of the need for systematization (III) and subsequently of the means to ensure consistency and transparency of the existing acquis (IV). The originality of the European legislator interventions in the contract law is given by the market policy influence not only on the legal foundations of the measures adopted, but on the community legislation technique regarding i) the choice of the instrument to which resorted the European institutions on the consumer protection - the Directive and ii) areas of intervention of the EU law - which explains the sectoral approach to the contractual matter circumscribed to the contracts concluded by the consumers. The sectoral harmonization through the body of directives regarding contracts concluded by consumers highlighted some inconsistencies so that the Commission, on behalf of legal security, felt the need to control the risks posed by the fragmentation nature of its legislative actions. No less can be ignored the results of the research conducted by the Acquis Group in its streamline efforts EU contract law. The investigation of the UE acquis in the contract law and meeting its consistency and transparency involves the examination, as the doctrine considers it, of the legislative technique (referring to the terminology used and the most appropriate method of approximation) and of the interpretative technique in EU contract law (over the relevant European Court of Justice case law implications - Simone Leitner, Océano Grupo, Cofidis, Société thermale d’Eugénie Les Bains s.o. - making detailed developments).

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