To review and improve existing EC legislation in the area of contract law to make it more coherent or to adapt it to cover situations not foreseen at the time of adoption. To promote the development of non-binding common contract law principles, useful for contracting parties in drafting their contracts, national courts and arbitrators in their decisions and national legislators when drawing up legislative initiatives. To leave the solution of any identified problems to the market. Other solutions may be suggested by any interested party, however. In order to assist in defining possible solutions, the Communication includes a non-exhaustive list of possible solutions. If concrete problems are identified, the Commission would also like to receive views on what form solutions should or could take. The Communication also seeks views on whether the existing approach of sectoral harmonisation of contract law could lead to possible inconsistencies at EC level, or to problems of non-uniform implementation of EC law and application of national transposition measures. Also the Commission is interested in whether different national contract laws discourage or increase the costs of cross-border transactions. In particular, the Communication asks whether the proper functioning of the Internal Market may be hindered by problems in relation to the conclusion, interpretation and application of cross-border contracts. The Commission is seeking information as to whether problems result from divergences in contract law between Member States and if so, what. The European Commission is interested at this stage in gathering information on the need for farther-reaching EC action in the area of contract law, in particular to the extent that the case-by-case approach might not be able to solve all the problems which might arise. The EC legislator has followed a selective approach adopting directives on specific contracts or specific marketing techniques where a particular need for harmonisation was identified. The approximation of certain specific areas of contract law at EC level has covered an increasing number of issues. This Communication is intended to broaden the debate on European Contract law involving the European Parliament, Council and stakeholders, including businesses, legal practitioners, academics and consumer groups. Communication from the Commission to the Council and the European Parliament on european contract law
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