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Open research questions in European and International Contract Law

49 unresolved questions extracted from the limitations and future-work sections of 1,893 European and International Contract Law papers in our library. Each links back to the study that raised it.

What the literature leaves open

  • 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 importance of taking data into account will only increase. 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. It is conceivable that lawsuits involving data sharing would come before Indian courts. If a customer sues an app for not providing promised services after data is acquired15, or if a data breach raises concerns about contract obligation, future jurisprudence might develop. As it did with arbitration clauses and internet offenses, the judiciary may modify current standards. In terms of legislation, India might take into consideration a specific law or amendment that focuses on ecommerce contracts and may be affected by global models. The ability to enforce these measures will determine their success. Businesses may choose to implement more equitable data practices in the corporate world as a result of regulatory or reputational concerns. Academically, there is room for more research in this field, such as looking at real user-website agreements or the economics of data exchanges. One may anticipate the emergence of a hybrid doctrine over time, in which data may be taken into account provided specific requirements (such as informed permission and privacy compliance) are fulfilled. As some have suggested with data trusts or marketplaces, a future scenario might entail controlled markets for personal data. Ultimately, the law will need to balance innovation with individual rights. "Dignity slips away if ignored, so fairness must tag along" in online contracts, as the Lawscape conclusion warns. The concept of valid consideration may bend, but it need not break: by updating rules to the digital context, India can harness the benefits of the digital economy while upholding justice.

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

  • Negotiations for a Legally Binding Instrument (LBI) designed to strengthen the applicable legal framework are ongoing, but their prospects of success remain unclear.

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

  • Although in the field of public procurement the use of subcontractors has been accepted and gradually extended both at the level of regulations and in practice, the details of its legal regime remain to be fully outlined, in particular as regards the extent of subcontracting and the possibility of limiting it in European and national law.

    Limitele dreptului de a subcontracta în contractele de achiziție publică · 2023 · DOI

  • From this perspective, online reviews could potentially be seen as a complement of the flawed EU law-based information paradigm and regulatory improvement options based on reviews could be explored.

    The Unreliability of Online Review Mechanisms · 2022 · DOI

  • To overcome this conflict, the article proposes a doctrinal approach according to which the bank’s right to withdraw from the contract unilaterally should be limited by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith, which, by analogy with the original source of the problem, is called a good faith based approach.

    The Good Faith Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts · 2021 · DOI

  • Findings The result of the study funded that the legal adaptation of the COVID-19 pandemic is limited to the theory of emergency circumstances and the theory of the force majeure, and the matter remains in the hands of the trial judge to attribute the incident imposed on him to one of the two cases according to the circumstances of the case.

    RETRACTED: The legal nature of the COVID-19 pandemic and its impact on contractual obligations applied in human rights · 2021 · DOI

  • In the article, the period that could be examined regarding the consumer status has been discussed in detail, indicating first of all that only the circumstances preceding the conclusion of the agreement and accompanying it influence the status of the consumer as provided under Article 221 k.

    Status prawny konsumenta jako strony umowy o kredyt indeksowany/ denominowany do franka szwajcarskiego · 2019 · DOI

  • Authors strive to indicate the importance of further research of the area of electronic trade in order to induce creation of adequate legal regulation above all for contracts signed via electronic signature, where expected results should contribute not only to development of electronic trade and balancing of regulatory framework with countries of European Union, as well as other scientific disciplines in researches which are directly and indirectly related to this matter.

    Legal regulation and usage of electronic trade in Republic of Serbia · 2018 · DOI

  • However, the level of consumer protection in the purchase of digital content is insufficient and from the perspective of conflict of laws rules for consumer contracts under Rome I, a consumer who actively makes a purchase from a professional from another Member State or a third country cannot expect the special protective rules envisaged in the regime under CRD and Rome I to be applied by default; rather, the general rules come into play.

    European Online Marketplace – New Measures for Consumer Protection against “Old Conflict of Laws Rules” · 2015 · DOI

  • The 2006 act was aimed to encourage electronic commerce, however the extent to which the Act resolves formation issues in the context of Internet contracting remains to be seen.

    Contract Formation via Email: The Position in Malaysia · 2014 · DOI

  • 13 Some courts add a fifth exception when adequate consideration for the sale is lacking,14 although this seems to be merely an indication that the fourth exception has been met.

    Corporate Predecessor Liability for Defective Products · 2000

  • ”15 I t remains to be seen whether the Supreme Court will rule on the issuance of short-term commercial paper in the future if it is presented with another case after more courts have had an opportunity to address the question or if the SEC would take part in such proceedings.

    BRINGING SHORT‐TERM COMMERCIAL PAPER UNDER THE UMBRELLA OF ANTIFRAUD PROTECTION—SANDERS v. JOHN NUVEEN & CO., INC. · 1973 · DOI

  • 0,000 should be added for the share in the capital of IRCAN, whose return to the plaintiff has not been established whatever this amount should have been.

    Contracts between a State or a State Agency and a Foreign Company · 1964 · DOI

  • In certain types of contract, notably contracts for the sale of goods, and certain types of contracts of bailment and carriage, the commission might well come to the conclusion that the general law was adequate to lay down the legal relationship of the parties, that no standard form 7 8 The writer has gone so far a s to prepare, using much of the material relating to the Transport Tribunal in the Transport Act, 1947, ss. he supply to customers of copies of the standard form by the contractor; (8) the power to forbid the use of certain types of clauses in contracts for which no standard form has been settled; and (9) penalties for attempted evasions of the Act.

    STANDARD FORM CONTRACTS · 1953 · DOI

  • If no agreement can be reached, consumers may file a lawsuit before the general courts or, alternatively, resolve the dispute through out-of-court mechanisms, which are generally conducted through arbitration.

    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

  • Where a determination criterion is lacking, the issue concerns the validity of the economic clause or its completion by operation of law.

    Grape Price Determination under Italian Law: Value-Formation Methods, Cooperative Conferment and Producer Remedies in the Wine Supply Chain · 2026 · DOI

  • The circulation of expired food products poses risks to public health because legal subjects are not clearly defined, supervision remains fragmented, and food safety violations are often confined to civil dispute resolution.

    Deconstruction of Hierarchical Liability and Harmonization of Sanctions in Consumer Protection against Expired Food Products · 2026 · DOI

  • In the recovery context, consumer compensation should not be limited to the administrative authority of the Consumer Dispute Settlement Agency but should also be linked to sectoral food law instruments that do not expressly provide a maximum nominal limit.

    Deconstruction of Hierarchical Liability and Harmonization of Sanctions in Consumer Protection against Expired Food Products · 2026 · DOI

  • First, transparency may be upheld through references to regulatory texts and through merely theoretical public accessibility, and mandatory enhanced pre-contractual duties may be treated as replaceable by other, insufficiently defined sources of information.

    Cláusulas IRPH y tutela del consumidor: umbrales de transparencia y estándar de desequilibrio tras las SSTS 1590/2025 y 1591/2025 · 2026 · DOI

  • Sellers are undoubtedly aware of the significance of the reference price in shaping a positive perception of prices and recognise the significant limitations arising from the implementation of the Omnibus Directive into national legislation in this regard.

    Effects of the Reference Price in the Context of the Extended Information Obligation under the Omnibus Directive – Seller’s Perspective · 2025 · DOI

  • Despite attempting to balance the interests of the employer and of the employee, it will be noticeable that the measures of protection, namely the guarantees and the rights established in favour of the worker, are insufficient.

    STUCK IN REVERSE ... FLEXIBILITY: DELEGATION AND POSTING OF WORKERS AS FORCED FORMS OF MOBILITY · 2022 · DOI

  • It remains to be determined what effect would be caused by the lack, on the part of the contractor, of the empowerment decisions required by law, if the contract were concluded under conditions of freedom of contract.

    Brak decyzji uprawniającej a ważność umowy w działalności gospodarczej obszar zamówień publicznych · 2018 · DOI

  • The issue has not been analyzed by the doctrine, even though the practice of contracting authorities in public pro­curement standard agreements often leads to freedom of contract abuse, which is tolerated by the Chairman of Public Procurement Chamber.

    Rola Prezesa Urzędu Zamówień Publicznych w zapobieganiu i zwalczaniu nadużyć wolności kontraktowej w umowach zawieranych w ramach zamówień publicznych · 2017 · DOI

  • The corporate defendants argue, and many courts agree, that a plaintiff’s alleged increased risk of future data misappropriation is insufficient to satisfy the U.

    Standing in the Future: The Case for a Substantial Risk Theory of "Injury-in-Fact" in Consumer Data Breach Class Actions · 2017

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49 open questions have been extracted from the limitations and future-work passages of 1,893 European and International Contract Law papers in our library. Each one below links back to the study that raised it, so you can read the original claim in context.

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