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European Contract Law and the Creation of Norms

European Contract Law and the Creation of Norms

  • 作者:
  • 出版商: Intersentia Publishers
  • ISBN: 9781780689654
  • 出版时间 March 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
¥1,175.19
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  • 描述 
  • 大纲 
  • 详细

    The book provides a broad and topical perspective of the sources of modern contract law. It examines the creation of contract law as a multi-pronged occurrence that involves diverse types of normative content and various actors. The book encompasses both a classical perspective on contract law as a state-created edifice and also delves into the setting of contractual rules by non-state actors. In so doing, the volume thoroughly analyses present-day developments to make sense of shifting attitudes towards the overall regulatory paradigm of contract law and those that reshape the classic view of the sources of contract law. The latter concerns, in particular, the digitalisation of markets and growing trends towards granularisation and personalisation of rules.

    The book builds on the EU private law perspective as its primary point of reference. At the same time, its reach goes far beyond this domain to include in-depth analysis from the vantage points of general contract theory and comparative analysis. In so doing, it pays particular attention to theoretical foundations of sources of contract law and values that underpin them. By adopting such diversified perspectives, the book attempts to provide for a better understanding of the nature and functions of present-day contract law by capturing the multitude of social and economic dynamics that shape its normative landscape.

    The volume gathers a unique and distinguished group of contributors from the EU, USA and Israel. They bring research experience from various areas of private law and contribute with diverse conceptual perspectives.

  • PART I. ARCHITECTURE
    The Creation of Norms: An Evolutionary View on European Contract Law
    PART II. BASIS OF NORMS: VALUES AND JURISDICTIONS
    Good Faith as Contract’s Core Value
    The Rule of Law and the Charter of Fundamental Rights as a Source of European Private Law
    The Polish Civil Law Codification Commission Working on the Draft of the New Civil Code
    PART III. PARTY AUTONOMY AND SELECTION OF NORMS
    Types of Contracts and Law’s Autonomy-Enhancing Role
    Legislative Options for Regulating Optional Rules
    A Private International Law Perspective on the Creation of Norms and Transnational Governance
    PART IV. PARTY AUTONOMY AS A BASIS FOR NORMS
    Ambiguities of Self-Regulation: Some Illustrative Examples of ‘Good’ Companies’ Certification
    Contract Law under Regulatory Siege – Revival of Contract Law? Standardisation, Regulation and Consent
    Default Rules Beyond a State: Special-Purpose Lawmakers in the Platform Economy
    PART V. CASE LAW AND CREATION OF NORMS
    European Contract Law in the EU Court of Justice’s Case Law
    Potential and Hurdles for the CJEU’s Jurisprudence in Domestic Legal Orders: A Polish Case Study

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