IDEAS home Printed from https://ideas.repec.org/a/lum/rev13d/v13y2025i1p1-13.html
   My bibliography  Save this article

Fundamental Rights and Contractual Justice: Cultural- Legal Interactions

Author

Listed:
  • Gina Orga-Dumitriu

    (Associate Professor PhD, Faculty of Law, „Lucian Blaga” University of Sibiu, Romania; Member of Trans Europe Experts)

Abstract

This analysis reveals the contribution of fundamental rights to the restoration of contractual balance. The judicial illustrations presented show the difficulties raised by reconciling contractual freedom with the fundamental rights enshrined by the European Convention on Human Rights (ECHR) and the triumph of fundamental freedoms over the binding force of the contract. The impact of the ECHR in contractual matters results from the horizontal effect granted to the text, meaning its applicability in inter-individual relations. By providing clarity and strength to fundamental rights, the alliance of the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union thus ensures protection and legal certainty within the EU. The developments in European contract law suggest a pluralistic notion of contract in European private law based not only on the will of the parties but also on good faith and legitimate expectations. Indeed, the assessment and restoration of contractual balance concerning the provisions of the ECHR speak of a renewed paradigm of contract in European private law.

Suggested Citation

  • Gina Orga-Dumitriu, 2025. "Fundamental Rights and Contractual Justice: Cultural- Legal Interactions," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 13(1), pages 1-13, June.
  • Handle: RePEc:lum:rev13d:v:13:y:2025:i:1:p:1-13
    DOI: https://doi.org/10.18662/lumenlaw/13.1/93
    as

    Download full text from publisher

    File URL: https://lumenpublishing.com/journals/index.php/lumenlaw/article/view/7198/5224
    Download Restriction: no

    File URL: https://libkey.io/https://doi.org/10.18662/lumenlaw/13.1/93?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    More about this item

    Keywords

    contract; autonomy of will; fundamental rights; European private law; European contract law.;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:lum:rev13d:v:13:y:2025:i:1:p:1-13. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Antonio Sandu (email available below). General contact details of provider: https://edituralumen.ro .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.