THE OPTIONAL INSTRUMENT OF EUROPEAN CONTRACTS LAW

The pragmatic approach of the European contracts lawissueimposes the conceptualization and the execution of a form to materialize it accordingly, thus as to meet the legal, economic, socialand political realitiesexisting at the level of the European Union.The actual harmonization of the European private law and, implicitly, the instrument by which it can be accomplished, represents the current concern of the European specialists, but also of the European competent bodies in the legislative process.This work analyzes and supports the need to harmonize the European private law under the form of a regulation for creating a European contracts law optional instrument, conceived as "the 28th regime" or "the second regime" in each member state, offering the parties an option to choose between the two regimes of contracts domestic law.