Fundamental Rights as a Part of Contract Law - European Business Law Review View Fundamental Rights as a Part of Contract Law by - European Business Law Review Fundamental Rights as a Part of Contract Law 31 3

Fundamental Rights are now not only political ideals, but legal Concepts, based on the European Charters and the Constitutions. However, their meaning in concrete cases still depends on argumentation. They are not Rights in the same sense of civil Rights because they lack a specific content of claims and so they have no immediate practical meaning in a private relationship. They are rather Principles, applicable to Contract Law, directly when expressly involved in the case as the only possible remedy, otherwise indirectly, assessing which solution gives the greatest possible protection to the Fundamental Right with the least possible sacrifice of the opposed principle.

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