Conclusion of Contract

Conclusions

Four main conclusions can be drawn from the aforegoing brief excursion into this evolving area of law:

Firstly, the acquis communautaire provides a solid foundation for the formation of contract by the principle of freedom of contract and the principle that the agreement is crucial for the binding of the parties.

Secondly, existing EC law recognises the pattern of formation of contract by offer and acceptance (even if the details of this mechanism are not to be seen precisely within the acquis).

Thirdly, within the acquis a new instrument has developed to protect weaker parties in special situations: the right of withdrawal.

Finally, the acquis permits taking into account the important role of advertising, labeling and similar public statements in due to contracting its concept of the binding effect of precontractual statements. This concept can be extended to other types of contract within a future more coherent European contract law.