Fundamental Rights, Contract Law and Transactional Justice

Abstract This article critically engages with Peter Benson’s theory of contract law. It explores whether his juridical conception as a transfer rights, which is governed by the law’s internal principles transactional justice, can be reconciled fundamental rights. The argues that conventional distinction between direct and indirect horizontal effect rights problematic because it does not make unequivocal body law – or substantially governs relations contracting parties determines outcome disputes them. answer to this question, however, crucial for stability Drawing on European experience, shows relationship take form subordination complementarity two. While latter compatible theory, former in tension it. For sake conceptual clarity, therefore, useful distinguish three forms effect, strong weak effect.