ABSTRACT. Caruso holds that private law performs a significant state-breaking function. By regulatory functions of private law Cafaggi and Muir Watt mean the ability of private law instruments, in particular contract, torts and property to address market failures. Joerges observes that the interventions of European law into general private law have so far been quite marginal. Cafaggi holds that the institutional framework is composed of the set of institutions that affect the process through which private law is "produced" at European and national level.