This paper contains the views of all protagonists - from all those who drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. The Optional Code, which is the alternative most likely to come, is thoroughly analysed.

The contract is the core tool of governance in a free market economy. An EU Contract Law Code is now on the political agenda because all three legislative bodies in the EU and most member states favour it in principle. In its communication of July 2001, the Commission proposed three major options: to enhance the existing EC Contract Law by eliminating inconsistencies; introducing a European Code which substitutes national laws; and introducing a European code which only supplements national laws. This book contains the views of all protagonists - from all those who really drafted the models to all those who illustrated the potential of decentralized rule-making and invented the very idea of an Optional Code. The Optional Code, which is the alternative most likely to come, is thoroughly analysed. The book also contains a full map of design possibilities. It is the executive summary of what European academia thinks of the future of European Contract Law and a European Code.

Part I: The Green Paper Process and the Need of Academic Input. 1. An Academic Green Paper on European Contract Law -- Scope, Common Ground and Debated Issues
Grundmann, Stuyck. 2. The Commission Communication on European Contract Law and its Follow-Up
Staudenmayer. Part II. Enhancing Contract Law Harmonisation (Option III) A. The Need of More Thorough Empirical Research. 3. Design for an Empirical Data Investigation into the Impact of Existing Contract Law Harmonisation under the White Paper 1985
Schwartze. B. Some particular Ways of Enhancing Contract Law Harmonisation. 4. Finding the Remaining Traps instead of Unifying Facilitative Law
Beale. 5. European Consumer Law -- the Minimal and Maximal Harmonisation Debate and Pro Independent Consumer Law Competence
Howells. 6. Increasing Consistency in Existing Harmonisation
Tilleman, Du Laing C. Additional Measures Needed for Really Levelling the Playing Field. 7. Continuing Contract Law Harmonisation under the White Paper of 1985 -- partly with Modifications
Drexl. Part III. A European Code Replacing National Laws (Option IVa). A. Progressive Codification. 8. Progressive Codification of European Private Law
Bianca. B. In Favour of a European Civil or Contract Law Code Replacing National Laws. 9. Paving the Way forward with Principles of European Private Law
von Bar. 10. The Case for a European Contract Act
Basedow. 11. The Contract Law Codification Process in Europe: Policies, Targets and Time Dimensions
Bussani. 12. The Politics of European Contract Law: Who has an Interest in What Kind of Contract Law for Europe? Hesselink. 13. Un Code Europeen des Contrats: pourquoi et comment
Gandolfi. 14. Why does Europe need a Code? Lando. 15. Hard Minimal Code Now! -- a Critique of 'Softness' and a Plea for Responsibility in the European Debate over Codification
Mattei. 16. A Framework Code Only -- Besides National Laws
Schwintowski. C. Against a European Code Replacing National Laws. 17. Forced Harmonisation of Contract Law in Europe -- Not to be Continued
Van den Bergh 18. Transaction Costs and Subsidiarity in European Contract Law
Collins. 19. Some Critical Comments on Competence and Not Concentrating on First Things First
Reich. Part IV. An Optional European Code Supplementing, Not Substituting National Laws (Option IVb) A. A Map of potential Designs and Basic Elements of Evaluation. 20. European System of Contract Laws -- a Map for Combining the Advantages of Centralised and Decentralised Rule-making
Grundmann, Kerber. B. Some particular Design Proposals. 21. A European Code for Intra-European Border-Crossing Contracts -- a Subsidiary Plea
Drobnig. 22. The Design of an Optional Restatement of European Contract Law -- Real Life Instead of Dead Concepts
Wilhelmsson. 23. A Detailed European Code with a System of Options
de Geest. 24. Toward a Multi-Layered Contract Law for Europe
Smits. C. An Optional European Code and the Problem of Knowing about the Best Design. 25. An Optional European Civil Code -- Initiating a Learning Process
Kirchner. D. A Curriculum of How to Proceed. 26. Codifying European Contract Law -- Top Down and Bottom Up
van Gerven.