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Open research questions in European and International Contract Law

163 gap statements mined from European and International Contract Law papers in our 7.9M-paper local library, which holds 1,949 papers on the topic — drawn mostly from each paper's own stated research gap, future-work, challenge and limitation notes, and its abstract. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one.

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What the literature leaves open

  • The lack of a comprehensive legal framework to address the challenges of cross-border digital transactions.

    Juridical Analysis of the Determination of Jurisdiction and Its Legal Consequences for Consumer Protection in Cross-Border Digital Transactions Based on Electronic Contracts · 2026 · DOI

  • The existing legal frameworks have not fully addressed the complexities of cross-border digital transactions. There is a need for a more comprehensive legal framework to address the challenges of cross-border digital transactions.

    Juridical Analysis of the Determination of Jurisdiction and Its Legal Consequences for Consumer Protection in Cross-Border Digital Transactions Based on Electronic Contracts · 2026 · DOI

  • The need for user data will rise as personalized services and artificial intelligence become more widespread. Globally, legal systems are changing to take this into account. The DPDP Act and upcoming regulations (which will go into effect in 2025) would establish fundamental privacy rights in India. It needs to be seen if these develop to specifically handle contract considerations.

    Rethinking Consideration in the Digital Economy: Can User Data Constitute Valid Consideration under Indian Contract Law? · 2026 · DOI

  • The predictability of the general duty is a challenge from a criminal law perspective. The terms used to describe the conduct are open and to some extent vague.

    The Application of MiFID II’s General Duty of Loyalty in Iceland · 2026 · DOI

  • The current legal framework for protecting tourists' rights in Kazakhstan and China has several gaps and weaknesses. There is a lack of a unified system for administrative review of tourist complaints. There is insufficient coordination between national consumer protection authorities.

    Legal Basis and Prospects of International Cooperation Between Kazakhstan and China in the Field of Protection the Rights of Tourists · 2026 · DOI

  • The need for a clear framework for endorsing the existence of the justifiable impediment. The lack of standardisation in the procedure for endorsing the existence of the justifiable impediment.

    The procedure for endorsing the existence of the justifiable impediment - between certification and contractual protection · 2026 · DOI

  • The paper notes that there is a lack of understanding of the complexities of global value chains and the role of contracts in constructing a legal regime.

    Aspekty prywatnoprawne globalnych łańcuchów wartości – typologia umów w GVCs · 2026 · DOI

  • The study identifies the challenge of determining the extent to which the concept of objective liability is embodied in both the Jordanian and French legal systems. The research highlights the need to develop judicial jurisprudence to address damages arising from the use of modern technological means.

    Objective Liability in the Jordanian Civil Code and Islamic Jurisprudence: A Comparative Study · 2026 · DOI

  • Future research could explore the implementation of the paper's recommendations in Vietnam. Future research could examine the impact of the refined legal framework on the efficiency of receivables as collateral. Future research could compare the legal frameworks in other countries and identify best practices.

    Enforcement of receivables as collateral: lessons from the United States and China and implications for Vietnam · 2026 · DOI

  • Prior to the adoption of the Law on Factoring, relationships related to factoring were regulated on the basis of various legislative acts, international commercial practice, and doctrinal approaches. This created legal uncertainty and limited the practical application of factoring.

    The New Legislative Regulation of the Factoring Agreement in Georgia · 2026 · DOI

  • Future research is recommended to adopt empirical and comparative approaches the effectiveness of digital contract implementation and to explore the implications of emerging technologies such as blockchain and smart contracts within the Indonesian legal system.

    Digital Business Contracts from the Perspective of Indonesian Civil Law · 2026 · DOI

  • The lack of systematic normative basis for the regulation of actual controllers. The ambiguous identification of subjects and unclear boundaries of obligations. The lack of judgment standards and ineffective accountability mechanisms.

    Challenges in Applying the Fiduciary Duties of Actual Controllers and Paths to Improvement Under the New Company Law · 2026 · DOI

  • Current consumer-protection law does not adequately address the temporary retention of consumer funds following cancelled transactions. There is a need for regulatory reforms to address the refund float problem.

    The DoorDash Refund Float Problem How Consumer Platforms Retain and Benefit from Consumer Funds After Order Cancellation · 2026 · DOI

  • The development of digital technology has transformed the pattern of legal relationships in modern transactions. The Indonesian Civil Code has not yet explicitly regulated personal data as the subject matter of performance in a contract. The study needs to reconstruct the concept of objects of contracts in Indonesia.

    Personal Data as an Object of Performance in Digital Contracts: Reconstruction of the Concept of Objects of Contracts in Indonesia · 2026 · DOI

  • There is a gap between the digital economy reality and positive law focusing strictly on protection. The Indonesian Civil Code has not yet explicitly regulated personal data as the subject matter of performance in a contract.

    Personal Data as an Object of Performance in Digital Contracts: Reconstruction of the Concept of Objects of Contracts in Indonesia · 2026 · DOI

  • Future research can focus on the development of a unified e-commerce framework in Pakistan. The implementation and effectiveness of a fairness-based regulatory approach in digital commerce governance can be studied.

    Reforming Pakistan’s E-Commerce Legal Framework: A Critical Analysis of Digital Contracts, Consumer Protection and Platform Liability with Comparative Insights from UK Law · 2026 · DOI

  • The gap in the current e-commerce legal framework in Pakistan is the lack of a unified framework incorporating digital contract regulation, platform accountability, and effective online dispute resolution mechanisms. The need for a fairness-based regulatory approach in digital commerce governance is emphasized.

    Reforming Pakistan’s E-Commerce Legal Framework: A Critical Analysis of Digital Contracts, Consumer Protection and Platform Liability with Comparative Insights from UK Law · 2026 · DOI

  • Further research could explore the implications of the Swiss reform for other EU member states. Future studies could also examine the impact of the right to withdraw on insurance companies and consumers in Poland and Switzerland.

    The right to withdraw from an insurance contract in Poland and Switzerland. Some comparative remarks in the light of the recent reform of the Swiss Insurance Contract Act (VVG) · 2026 · DOI

  • The paper also identifies a need for further analysis of the implications of the Swiss reform for Polish law.

    The right to withdraw from an insurance contract in Poland and Switzerland. Some comparative remarks in the light of the recent reform of the Swiss Insurance Contract Act (VVG) · 2026 · DOI

  • As a signatory of the UNO Guidelines numerous developed and developing countries which include many Asian countries have established legal provisions to guide their country towards consumer welfare.

    Ensuring Consumer Rights in Bangladesh: An Analysis of Consumer Movement and Consumer Protection Law · 2026 · DOI

  • The rapid growth of the housing sector has created intense competition among developers to attract prospective buyers.

    Legal Protection of The Subdivision of Freehold Title Certificates (Shm) as The Basis For Consumer Rights In Sale and Purchase Binding Agreements (PPJB) For Housing Transactions · 2026 · DOI

  • The imbalance between rapid population growth and scarce land resources in Indonesia has raised public concern regarding the fulfillment of this fundamental need.

    Legal Protection of The Subdivision of Freehold Title Certificates (Shm) as The Basis For Consumer Rights In Sale and Purchase Binding Agreements (PPJB) For Housing Transactions · 2026 · DOI

  • To explore the effectiveness of the proposed systematic improvement path. To investigate the impact of the improved fiduciary duty system on the protection of the interests of multiple entities.

    Challenges in Applying the Fiduciary Duties of Actual Controllers and Paths to Improvement Under the New Company Law · 2026 · DOI

  • It remains to be seen how more complex configurations of power holding between large technology companies and individuals that have no immediate parallel in state–individual relations – such as different forms of AI-based decision making or the administration of clouding or blockchain services – can be addressed by the existing IHRL framework and/or an MOB-like process, which would mirror judicial or quasi-judicial…

    Big Tech Companies’ Obligations under International Human Rights Law · 2025 · DOI

  • The article identifies a gap in the literature by exploring the phenomenon of internationality overreach. The gap lies in the inaccurate presumption of universally recognised principles of private law. The gap affects the harmonisation of commercial law and the interpretation of the CISG.

    Internationality Overreach in the Interpretation of Uniform Private Law Conventions: The Contra Proferentem Rule and the CISG · 2025 · DOI

Most-cited papers in European and International Contract Law

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Open questions raised by papers listed on this page include: (1) The lack of a comprehensive legal framework to address the challenges of cross-border digital transactions (“Juridical Analysis of the Determination of Jurisdiction and Its Legal…”, 2026); (2) There is a lack of a unified system for administrative review of tourist complaints (“Legal Basis and Prospects of International Cooperation Between Kazakhstan and…”, 2026); (3) The lack of standardisation in the procedure for endorsing the existence of the justifiable impediment (“The procedure for endorsing the existence of the justifiable impediment -…”, 2026); (4) The paper notes that there is a lack of understanding of the complexities of global value chains and the role of contracts in constructing a legal regime (“Aspekty prywatnoprawne globalnych łańcuchów wartości – typologia umów w GVCs”, 2026); (5) Future research could explore the implementation of the paper's recommendations in Vietnam (“Enforcement of receivables as collateral: lessons from the United States and…”, 2026). 163 gap statements have been mined from European and International Contract Law papers in our 7.9M-paper local library, which holds 1,949 papers on the topic; the gaps come from whichever of those papers state one. They are mostly the research gaps the authors state and the papers' abstracts, plus future-work, limitations and challenges passages. The ones listed below are a selection still marked open; each names the study that raised it, with a DOI link where the paper has one, so you can read the original claim in context.

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