Freedom of contract: mandatory and non-mandatory rules in European contract law

The purpose of this article is to reflect on the position and function of common European rules in respect of limitations to freedom of contract, and more specifically on the role of mandatory and non-mandatory rules in general. After dealing with this more generally in the first part, the article addresses in its second part the different techniques restricting freedom of contract that we find in the Principles of European Contract Law,(1) the acquis communautaire of the law of the European Union, or the Draft Common Frame of Reference. It is especially critical of anti-discrimination laws.