ABSTRACT

This chapter focuses on these issues, reviewing some of the legislative instruments currently in use in European private law and assessing their usefulness in unravelling the conundrum of contractual nexus. It articulates some of the inferences that can be drawn from these findings for the development of an analytical methodology capable of comprehending legal realities not foreseen by the tradition that currently shapes our legal codes. Contractual networks render obvious the methodological shortcomings of the legislative tools thus far employed in European private law for coming to terms with emerging structures of private governance. Stefan Grundmann raises some questions as to the underlying concept behind the draft common frame of reference (DCFR) for European private law, which was prepared at the behest of the European Commission. Non-national jurisprudence on the law of linked contracts is largely lacking in the case of the DCFR.