This book is the first major study to examine the following essential
questions with detailed reference to actual judicial developments: To
what extent do fundamental rights affect contract law? In which types
of cases can fundamental rights be applied? What does the explicit
consideration of fundamental rights add to contract law adjudication?
The author approaches the analysis along two different avenues: first,
a comparative overview of developments in case law, and second, a more
general theoretical view on the interaction between fundamental rights
and rules of contract law which is tested against examples from
various legal systems. The focus throughout is on developments in case
law, because the impact of fundamental rights in contract law has been
felt on the level of dispute resolution rather than on the level of
legislation. Germany and the Netherlands are chosen because their
judiciaries have been notable for their early and continuing attention
to the theme, and England and Italy for perspectives on developments
under common law and civil law systems respectively. For its reframing
of old questions and its insightful delimitations of new ones, this
book offers a fresh and deeply informed new perspective on this
important area of developing law. The discussion, moreover, has
received an additional impulse from the debate leading up to the
recent agreement on a Reform Treaty regarding the institutional
settlement of the Union, which will give a legally binding status to
the Nice Charter of Fundamental Rights. For these reasons and others,
the book will be of great value to all interested parties in
government, business, and legal practice.
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A Comparison of the Impact of Fundamental Rights on Contractual Relationships in Germany, the Netherlands, Italy and England
Produktdetaljer
ISBN
9789041130488
Publisert
2020
Utgiver
Kluwer Law International B.V.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter